Partition under Muslim Law
Chetan Pichamuthu
(Querist) 04 October 2010
This query is : Resolved
Hi, A known muslim family of 3 sons & 2 daughters have inherited a property from their late mother; who inturn had got it from her late father.
All the aforementioned members are in joint possession of property & Khatha stands in mothers name...2 sons are since deceased with 1st son survived by his wife & 2nd son died un-married.
Now a partition needs to be done among the survivours, hence the following query;
1) How will the share of 2nd son(Un-married) be divided among the remaining heirs? Is it 1/5 share of property divided by 1/4th?
2) The children of the last daughther are against selling the property, in this scenario, can the remaining sell their share of property & is a partition deed suffice?
3) What is the remedy if they continue to oppose the partition deed? Is it partition suit or can the property be sold to the extent their individual share.
pawan sharma
(Expert) 05 October 2010
i. if the property is agriculture then apply the ZA Act.
ii.yes,they can the sell their share of property only to extent their individual share.
Chetan Pichamuthu
(Querist) 05 October 2010
Thanks, But the property in question is within City limits(3000Sq.ft) and hence needs to be sold jointly for better value.
So Pls suggest how do we take it forward.
Chetan Pichamuthu
(Querist) 06 October 2010
Dear Experts, Pls advice....the property in question is within City limits(3000Sq.ft) and hence needs to be sold jointly for better value.
So Pls suggest how do we take it forward.
