Women right on father/mothers property
salima
(Querist) 01 June 2013
This query is : Resolved
Muslim property Law
Respected Sir,
my father was passed way 6y back & recently my mother is passed.
my father is having 3 houses & 5 plots on his name (self acquired) & my mother is having 1 house (gifted by her father), 2 plots & 800g gold on her name.
i have 1 elder brother, me & brother both are married, my husband is working as a teacher in govt school.
Now i am asking 500g gold & my mother property, which is wish of my father, but my brother were not agree to share the property except gold. our relatives also try to convey my brother, but he is not listing. my bhabi (brothers wife) is also insult me, except 500g gold we can't give any property to you and don't come to our home (my fathers home)again.
they told i don't have any right on father/mothers property after marriage, Please advise me what to do & what is my right on my father/mother property according to Muslim law.
Regards
Sk Salima
Anirudh
(Expert) 01 June 2013
You are entitled to 1/3rd of the entire property left behind by your father/mother (including gold). Your brother is entitled to 2/3rd share.
In case your brother is not agreeing for your request, then you have to move the appropriate court of law at the earliest.
Nadeem Qureshi
(Expert) 01 June 2013
If there is no will by your father or mother then Mr. Anirudh is rightly advise
Raj Kumar Makkad
(Expert) 01 June 2013
You are muslim so your brother is having double share than you. It means he is entitled for 2/3 share in entire properties and rest of 1/3 shall go in your favour.
If your brother is not agree then file a civil suit for partition and possession.
