Hello All,
Need legal advice from any of the experts on this forum. This is regarding distribution and claim to father's property by children after father's death.
My name is Fatima, i stay in Mumbai. We are practising Sunni Muslim family. Our Family comprise of 4 sister & 1 brother all are married and well settled.
My father owns a big independent home in Madhya Pradesh. He has acquired this property through his own hard work and its not any ancestral property.
He didnt make any will for property and passed away recently. During past few years he and my mother used to stay with daughters and was away from
his home due to misbehaviour of my brother and his wife. Now after my fathers death, my brother is trying to occupy whole property and is not willing to give
shares to sisters. I think that my mother is now the owner of the house by default, but officially property is still registered with my fathers name.
My brother & his wife have some how managed to convince my mother to handover the property to them and have made a "Hiba" in presence of an Advocate for the same.
We all sister are upset about this and want to find out
1. What is the legal procedure by which we can get our share? What papers are required?
2. Can this property be transferred to my brother as a "Hiba" i.e. Gift Deed by my mother?
3. How can we prevent transfering of property on my brothers name?
4. Is my mother the new owner?
All responses to this query will be highly appreciated.
Thanks
