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Discussion > Property Law > Partition > Mohammedan Law   Unanswered Threads Post New Topic

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M.S.Sayyed


Research
[ Scorecard : 37]
Posted On 11 January 2009 at 01:49 Report Abuse

A Muslim died leaving behind property -farm land, plots and house,bank accounts etc.Two sons and two daughters,all married are legal heirs of the deceased.One brother who is govt official and the other who is looking after farms etc do not want to share the property. The two daughters now want to file a civil suit. Can some one guide and  provide me a format of the civil suit ? 


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AEJAZ AHMED


Legal Consultant/Lawyer
[ Scorecard : 12178]
Posted On 11 January 2009 at 10:12 Report Abuse

DEAR SAYYED,


What do you mean by " CIVIL SUIT " in this circumstances or on the facts as stated by you ? 


(i)  As per Mohammedan/Shariah/Personnal LAW, every daughter is having rights to claim  her " SHARE " in the "PROPERTIES " left by her "LATE FATHER".


(ii) Nobody can stop them with regard to  the said claims.


(iii) If their " Real Brothers/Real Mother" do not give the "SHARES" in the "PRPORTIES" left by their "Late Father", "AMICABLY", they are having full rights, and they themselves can file "CIVIL SUIT " for "PARTITION " of the Properties.


 



sanjay singh thakur


advocate
[ Scorecard : 899]
Posted On 12 January 2009 at 19:36 Report Abuse

I fully agree with Mr. Aezaz Ahmad.



M. Sahul Hameed


Advocate Profession
[ Scorecard : 137]
Posted On 12 January 2009 at 21:18 Report Abuse

i do agreewith Aejaz Ahmed



M.S.Sayyed


Research
[ Scorecard : 37]
Posted On 13 January 2009 at 01:47 Report Abuse

  Dear AEJAZ AHMED


Can you please send me a format/proforma of the suit that can be filed at my id


m.s.sayyed@live.com




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