Sharia law-mother's house

Shakeel (Querist) 23 July 2012 This query is : Resolved
My mother inherited one house from our maternal grandfather. She died in 2009 verbally telling that this house will be for four sons and one daughter. She did not want to give any share to her husband i.e. our father. How this house can be disposed off in mumbai as father does not want to sell the house? What would be share of each son and one daughter?

Follow Query

Report Abuse

Adv.R.P.Chugh (Expert) 24 July 2012
1. A Muslim cannot will away more than 1/3rd of his total property, unless all the heirs consent to the bequest after his death. In this case father would withold consent. Hence the will won't operate on more than 1/3rd.

2. Rest 2/3rd would be divided among heirs as per the normal succession rules.
Husband - gets 1/4th of 2/3rd, of the residue - sons get double the share of daughter.

Previous

Next

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

Click here to login now