Ancestral property
Yusuf
(Querist) 10 July 2015
This query is : Resolved
Hi,
There is my grandmother's property...( My mother's mother) in AURANGABAD... My grandmother and my mother are no more.
My grand mother had three children
Two sons and my mother
Elder son is still alive and second son and my mother are dead.
In this event how much right do I have in the property....elder son wants the entire property claiming he is the only son alive....And hence has the entire right in the property.
Please advise in this matter
J K Agrawal
(Expert) 11 July 2015
Dear Mr Yusuf
By your name, I suppose that you are a Muslim person. The law in Shiyas and Sunnies are different. Further the rules of succession in case of male and female are not the same.
The law of succession in Bohara, Jaidia, Ismiliya, Ithna Asharia and other sects are having further some ifs and buts.
It again have a gear in distribution that how the property came in hands of your grand mother? If it is from her husband's family or from her father's family?
If it was property under mehar to her, it is again a new thing for me to consider.
In muslims, women have life interest only in so many properties so the source of property of your mother is big concern.
But roughly you can assume that your mother is having 1 share and each Mama having two share. as such your mother is having 1/5 share in property.
Yusuf
(Querist) 12 July 2015
Thanks for the advice.... However for the further info... This is property actually belonged to great grandfather... My nani`s father.. I m from Bhora sect as mentioned above.... All other properties in in my grandmothers possession she divided almost equally to everyone in her lifetime.
Yusuf
(Querist) 12 July 2015
This property is very old property with their other properties which is been worked on for settlement with third parties ...by my cousins . My nani had six sisters so along with their property what ever value we get they want to divide equally between everyone...
Yusuf
(Querist) 13 July 2015
Awaiting further reply
