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Check Madar (Proprietor)     03 September 2017

Property law

We are Muslims, the only property of my father devolved upon us -legal hiers,

I have 2/12 shares and acquired 5/12 shares comparatiely for a higher amount

my elder brother entitled for 2/12 shares, he also acquired another 3/12 shares comparatiely at a lower cost.

Now, I am entitled to own 7/12 shares,  younger.

Who is eligible or entitled to own and possess front portion of the house property under Muslim Law or in general?

case Laws or Authoeities may be cited for erdict.

Thanking you.



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 3 Replies

Check Madar (Proprietor)     03 September 2017

ts: 28 We are Muslims, the only property of my father devolved upon us -legal hiers, I have 2/12 shares and acquired 5/12 shares comparatiely for a higher amount my elder brother entitled for 2/12 shares, he also acquired another 3/12 shares comparatiely at a lower cost. Now, I am entitled to own 7/12 shares,  younger. Who is eligible or entitled to own and possess front portion of the house property under Muslim Law or in general? case Laws or Authorities may be cited for verdict. Thanking you.    

 

Raveena Kataria (Advocate )     09 September 2017

Note, the provisions in personal Muslim Law exist in context of the ratio of shares of property of the deceased to be inherited by the sharers, residuaries and so on. There are no such rules as to who can claim what portion of the property, (front portion, roof etc.) Only how much. This can be decided amicably between you and your family members.

Check Madar (Proprietor)     10 September 2017

Thanks for reply, but 

when a property house ) is partitioned between co-sharers,

Location of the shares is finality of the partition.    

Three possibilities

1 Younger to occupy in front

2 Elder to occupy in front or

3, As per the prevailing value. Who ever paid higher amount to the other share holder, shall occupy in front?


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