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MS (abc)     04 June 2017

Father transfer all property to my brothers leaving us.

My Father purchased Property where we 2 brothers and 3 sisters grown up. Now my father transfer whole Property to my 2 brothers and didn't gave any shares to his 3 daughters (We).We are Muslim sunni family. All are major. I am a divorcee with a child and have no sufficient source of income. Can we claim our right on the property??


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 5 Replies

Raveena Kataria (Advocate )     08 June 2017

Under Muslim Personal Law, daughters are indeed entitled to get share in parental property. A bequest of entire property to one heir or set of heirs to the exclusion of other heirs belonging to the same class is not valid. (For this to be possible, the consent of the other heirs is mandatory.)

However, before I explain further, please note that this rule is not strictly applicable in some places in India on account of the existence of some custom. In Jammu and Kashmir, for instance, the daughters will only inherit any share in the absence of all male agnates.

In the absence of any sons, daughters inherit as sharers (First- class heirs) and are entitled to a 1/2 share in total property. Since you have brothers, you and your sisters are entitled to inherit as residuaries (second-class heirs) along with your brothers, but the shares will vary.

As per Sunni Muslim Law, a daughter gets half of the total share of the son. Since you are three sisters and two brothers, the respective shares will be 2/7 each to your brothers and 1/7 to all sisters. Again, please make sure to confirm that no custom or practice exists in the place where you come which could invalidate this general rule.

Firdosh Kassam (Karachiwala) (ADVOCATE & SOLICITOR firdoshkassam@hotmail.com)     15 June 2017

Under the Muslim Personal Law, if a person dies intestate (i.e. without making a Will) the sons get double the share of the daughters. If a Muslim wants to bequeath his property by Will he can dispose of only 1/3rd share of the property unless all the legal heirs give their consent by Affidavit duly notarised.

MS (abc)     31 March 2019

Sir,

My father is alive and he had transfered the entire property to our brothers by a registered GIFT DEED.

One thing i would like to mentioned is that the Property is purchased by father.

the property is not anchestroal property.

MS (abc)     31 March 2019

Madam,

My father is alive and he had transfered the entire property to our brothers by a registered GIFT DEED.

The Property is located in Kolkata, WestBengal. I also reside in a rented house in Kolkata.

One thing i would like to mentioned is that the Property is purchased by father.

the property is not anchestroal property.

MS (abc)     02 March 2020

Appreciate for your reply
I live in Kolkata, west Bengal.

My father is alive...
My father make gift deed infavour of my two brothers.

Please help.


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