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Hamdani   13 October 2020

Can I get the share in my grand parent's property

Respected Sir, I am being a Sunni Muslim subitMy grandfather was a State level officer in Telangana state who during his lifetime I.e.1980 purchased a house for a sum of Rs.10,000 on his wife's name and at the registration dept paid by him which is clearly mentioned on the back of registration document as paid by mein payer column. I don't know whether he recorded in official government records or not.


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Sudiksha Gupta   13 October 2020

Section 61 in Chapter VII of the Mulla’s Principles of Mohammedan Law, postulates three classes of heirs,namely, (1) sharers, (2) residuaries, and (3) distant kindred. Sharers are those who are entitled to a prescribed share in inheritance, residuaries are those who take no prescribed share, but succeed to the ‘residue’ after the claims of the sharers are satisfied; and distant kindred are all those relations by blood who are neither sharers nor residuaries. A “vested inheritance” is the share which, vests in an heir at the moment of the ancestor’s death. If the heir dies before distribution, the share of the inheritance which has vested in him will pass to such persons as are his heirs at the time of his death. The shares, therefore, are to be determined at each death. There is no concept of ancestral property or rights by birth in the case of Muslim succession. The rights that a Muslim's heirs acquire upon his death are fixed and determined with certainty on that date and do not fluctuate

 

As per Muslim Law the owner of the property will have absolute right to deal with the property till his life. After his death the property will be shared among all nearer heirs. Muslim Law does not recognize any inheritance from property of their grand father like in Hindus. To answer the query you must inform about all the members of the family of grand father. If any nearer relative is there, he will succeed the entire property excluding the remoter heir like grand son. There is a legal share for relatives of the deceased in his estate/property.

 

 

Regards,

Sudiksha Gupta

 

 


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