Heirship

Querist : Anonymous (Querist) 14 October 2011 This query is : Resolved
mother,4 brother,4 sister & me possessing a property of my father after his death.father died 0n 1985. one of my brother was missing from 1998(he married but his wife re married another person by 2004).my eldest brother died on 2009(he has wife and children).my mother lost her memory by dementia since 2000.my family is muslim family
now, rest of our family want sell/divide said property.but how can we get consent on missing brother's,deceased brother's &mother's share?who can represent this 3 owners? should we get court's consent?

Follow Query

Report Abuse

M.Sheik Mohammed Ali (Expert) 14 October 2011
where are you from ? more then 7 years a person is unknown you may approach the court declared he/she is death and get order same time the share will go all the legal heirs male 2/3, female 1/3 share.

prabhakar singh (Expert) 14 October 2011
There is a presumption raised under indian evidence Act that as your brother has not been heard of by any of the persons he was known to for last 7 years,then he is dead.This a legal presumption and burden to prove to the contrary is on person who wants to rebut it.

There is no need of consent of deceased or missing brother or deceased mother.

the heirs of all deceased shall be determined and shall be distributed according to Hanafi Muslim Sunni law or as Shiya law depending upon believes you people might be following.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries