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Nishar (NA)     26 December 2012

Partition issue between siblings

Respected Sir,

I have a query regarding a property issue between my mother and her parents. Below are the details. I currently do no have any idea about these legal matter and seek some help here. It would be great if I get guidance on how to proceed further.

We are muslims & hail from Anantapur, Andhra Pradesh. My grand parents (from my mother side) have 2 daughters & a son. They have properties on both of their names. My mother being elder of them. All 3 are settled and have children. My grand father has expired last year and grand mother (70 years) is till alive. Currently there is no will written by my grand parents. My uncle thinks he is the sole owner of all the property. Till now there has been no division occured. And we are requesting him to settle this matter as early as possible since our grand mother is still alive. But there has been no respone.

My query in this regard is - Can my mother file a case in the court for property partition in court and proceed? Are the any laws indicating equal property division to female siblings?

Regards Vazid



Learning

 2 Replies

Advocate Rohit (Advocate)     26 December 2012

As per Indian succession Act 1925 1/3rd of the property shall go to the widow and remaining property shall be divided among children.

Hope your query is answered.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Nishar (NA)     10 January 2013

Thank a lot Sir for your clarification.


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