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Shakeel (FM)     03 August 2012

Property case under muslim sharia law against maternal uncle

My mother dies in 2009. She did not receive any share in her father's property who died in 1994. Can we sue our maternal uncle for our share in the property since our mother has died and she had share in the property as per muslim sharia law?

What portion of share we can be entitle for when we are 4 brothers and my mother has 1 sister and 2 brother and the property is in the possession of 2 brothers?

Can we file suit against our uncle?

Can our aunt file suit as she is alive?

What happens to those portion of property which were sold by uncles till date?



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     03 August 2012

The deceased owner of property is called the propositus. If the propositus is a Sunni,  sunni law of Inheritance applies and if she is Shia, Shia law applies, In India the presumption is that a Mohammedan  is a Sunni. So which you belong ? 

Shakeel (FM)     03 August 2012

we belong to sunni sect


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