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Aysha Mumtaz   01 September 2019

property law under shariat law

Actually my dad owns a shop. We gave for rent. After his death, the rent was shared among his mom, wife and 3 childrens. Now after his moms death, will her rent money go to my dads sister(grand moms daughter)? or will it come back to us childrens. The shop is still in my dads name.
i want to know about shariat law.
plz do reply.


Learning

 14 Replies

Real Soul.... (LEGAL)     01 September 2019

 .Need to see on what basis your grandmother was receiving the reent,i.e she was receiving the part of rent as her due share from the ancestral property or just your father used to pay her as goodwill and out of relation being mother.

If the case is due to being an ancestral prpeorty situation then her  share in the rent would be divided among the children of your grandmother .

If the property is owned one of your father then the share goes back to him.

1 Like

Aysha Mumtaz   01 September 2019

my father purchased the property from his grandfather before grandfathers death

Real Soul.... (LEGAL)     01 September 2019

If that is purchsed by your father from his own money than the share will go back to him ...

1 Like

Aysha Mumtaz   01 September 2019

thank you so much. it was of a great help.

Shashi Dhara   02 September 2019

If u r Muslim it doesn't recognises ancestral property.after his death his mother,wife , daughter ,son ,gets share male gets double share then female.after Ur grand mom s death the successors comes on survival basis of Ur grand mom i.e who were alive at the time of her death would inherits.she has inherited from her deceased son so sons wife or grandchildren s doesn'tin herits from her property.
1 Like

Aysha Mumtaz   02 September 2019

but the property is not divided.. property is still in my dads name.. we were just giving the rent.

Aysha Mumtaz   02 September 2019

if she was inherited from son, then why does wife or grandchildren doesn't inherit

Shashi Dhara   02 September 2019

If they compromise it is ok but as per law means then they doesn't get any share from deceased grand mom.all of u sit together and come to conclusion with well wishers
1 Like

Aysha Mumtaz   02 September 2019

if the shop was purchased by my dad not inherited, then will my dads mom inherit from that

Real Soul.... (LEGAL)     02 September 2019

Originally posted by : Aysha Mumtaz
if the shop was purchased by my dad not inherited, then will my dads mom inherit from that

No that is your father's owned property and he can divide the proeperty as he so deseires, 

In Islamic Law; The sons get one share,daughters get half of what son gets and wife gets half of what daughter gets.

 

 

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Aysha Mumtaz   02 September 2019

That in pursuance of the sold agreement and in consideration of rs50000only. The purchaser has already paid the sum of rs50000 to the vendor, the receipt of which sum the vendor hereby acknowledges in full quittance of this sale deed. The vendor hereby sells, transfers and conveys and has sold, transferred and conveyed the immoveable property described in the schedule herebelow to the purchaser who shall hold and enjoy the same as absolute owner from this day onward.

Aysha Mumtaz   02 September 2019

will the ancestral property contains these lines or the owned property?

Real Soul.... (LEGAL)     02 September 2019

Thst is sale deed ,do know wheather registered or not. but conifers the wonership .that is not an ancestral property.

Sister just please without wasting any time spell out your ambiguity .What is the actual proble,

1 Like

Aysha Mumtaz   02 September 2019

but in Islam there is no such thing as self acquired property right?

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