Grandmothers house partition between son and grandsons


Caste - Muslim Dawoodi Bohra - Shia

House located in Pune, Maharashtra

I have a query regarding property share. The house in question was owned by my grandmother (mother's mother) after my grandfather expired and the house ownership transferred to her.
Now my grandmother has expired and had 1 son and 2 daughters, including my mother. My mother expired few years back, before my grandmother expired. Now my Uncle (Mama - Mothers brother) insists that his name is listed as the nominee in the society paper that house is located in and will have the ownership anyways due to nomination and asked me any my siblings to give a signature on the stamp paper regarding "consent form" in his favor. We are a Muslim - Dawoodi Bohra Shia sect located in Pune, Maharashtra.

Kindly advise as soon and possible if we siblings stand a change in property and what actions can i take from my end?

 
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In your case, you and your siblings can very well refuse to give your consent to transfer the property on his name, if he says that he only has rights, why did he approach you people to get your consent?, If he further insists in it, you may ask him to approach court for proper partition of the property.


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Thank you for your reply. But in this case am I considered as a legal heir since my mother is no longer alive and also what about the nominee rule as per the Maharashtra society act and Muslim law governing the partition? Appreciate if someone could answer this. Thank you.
 
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I would also like to know about the 2:1 partition in terms of calculation. In my case, my uncle has agreed to give my mothers share to me and my siblings. i just need to understand the calculation. My grandmother has 1 son and 2 daughters (including my mother). So for example, if the house is worth 1 crore, how is the share calculated as per 2:1 parts concept. Does my uncle get 66.66 and the 2 daughters get 33.33 or is it like first we need to divide the amount of 1 crore into 4 parts (25 lacs x 4) and then my uncle gets 2 parts i.e 50 Lacs and both the daughters get 25 lacs each? 

Can someone please clarify, would appreciate a lot. Thanks.

 
Reply   
 

A nominee under such a situation is just a trust who can receive the property of the deceased on behalf of the legal heirs and to hand over the same to the respective legal heirs of the deceased. Thus,that way you people being legal heirs of your deceased mother are also  enttitled to a proportionate share as per your entitlement in your grandmother's property, the quantum will be decided by the court,consult  a local lawyer conversant with the Muslim law of partition and file a partition suit for remedy and relief.

 
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Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779

From your query, it seems that the property was originally belonged to your grand father. Such a situation, even at the time of death of your grand father itself,  your mother had become a co-owner of the property along with his other legal heirs and thereby, you are also entitled to get share over the same. Therefore, there is nothing to worry about the predeceased status of your mother to your grandmother.




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