Divison of land property
ASIF JUNAID K
(Querist) 12 July 2012
This query is : Resolved
Need Legal advice from any of the experts on this forum.
I have 2 questions:
My name is ASIF, I’m from Vellore pursuing MBA (HR). I am a Muslim and we are practicing Sunni Muslim family
My grandmother who was the land owner of 2000 sq ft died in 2010. She has 3 sons (1 son died in 2000) and 4 daughters (1 daughter got divorce in 1990). After the death of my grandmother now (2012) my family members are fighting each other to get the land to be divided among 7 partitions. By the Islamic law the property share will be 2 shares for each sons and 1 share for each daughters.
Question No: 1) If the matter moves to court, will the property be divided as what Islamic Shariah Says. (Like 2 shares for each son & 1 share for each daughters) or The court will order as what Indian Law says.
Question No: 2) Does the court will act as what Jamath People says (The Association of Muslim leaders for Muslim matters).
Question No: 3) The One son who died in 2000. His wife widow can get a share of property (as per Islamic law the widow can’t get the share of property) what is the Indian system for share of property to family members and the widow.
I will be grateful to you if you suggest your valuable opinion towards the question.
AWAIT OF YOUR REPLY AND VALUABLE SUGGESTION.
Thanks & Regards
ASIF JUNAID
Adv.R.P.Chugh
(Expert) 12 July 2012
Assalawalekum Junaid,
1. Islamic personal Law the law of shariat prevails - sons as you rightly said get double the share of each daughter. This applies.
2. The son who predeaceased his mother - his heirs (wife or children) won't get anything, as there is no representation in Islam. And in the presence of sons, grandchildren of a predeceased son won't get anything.
3. Hence the property would be divided 1/6th each.
MohammedRaffiq Bijapur
(Expert) 12 July 2012
Asif
Question No: 1)
Ans: Yes If the matter moves to court, the property will be divided as what Islamic Shariah Says. (Like 2 shares for each son & 1 share for each daughters)
Question No: 2)
Ans: No the court will not act as what Jamath People says (The Association of Muslim leaders for Muslim matters).
Question No: 3)
Ans: Yes the widow of son who died in 2000 cannot get a share in the property (as per Islamic law the widow can’t get the share of property)
