share of each under Mohammadean Law
PrnBCRBant
(Querist) 08 October 2009
This query is : Resolved
Dear Sirs,
I have got a query to the forum. This is a Muslim Familiy, in which they got the property by inheritance & all the right holders joined together & had a Regd. Partition Deed executed. In the said partition, 8 members including (wife, 3 male & 4 female members) have been allotted with “A” schedule landed property jointly. Now out of these 5 members (i.e.Wife & 4 female children) wants to release their right in favour of one of the male member & are ready to execute a release deed. Kindly suggest me as to whether this release deed can be executed & valid in law ? what is their share to be released & mentioned in the release deed ? in my opinion it is 5/8th undivided share to be released & mentioned in the deed. I want a clarification whether this is right or it should calculated according to the Mohammadean Law of inheritance. If this is so, please specify me the share .
Raj Kumar Makkad
(Expert) 08 October 2009
You are absolutely right. the share hold by mother and 4 other female members is 5/8 so they cannot release more than that may it be under Muhammadan law.
