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MD.SIRAJUDDIN (SUPERINTENDENT)     21 February 2010

DIVISION OF PROPERTY IN CASE WHEN FATHER EXPIRED.

My father’s elder brother ( my uncle) expired ten years back. He was survived by two sons and there is no daughter. His elder son also expired three years back who is survived by wife, one male child of age about 25 year and four daughters out of which three are married. The younger son of my uncle is also married and having two sons and two daughters. They all are residing in the house property left by my uncle which was built by the Housing Board of Hyderabad in the name of C I B quarters. They had divided the physical portion of the house privately into two parts for the purpose of residing separately. Now the younger son wants to get his portion of the house registered in his name. Now my questions are.

.Who are the real legal heirs of my deceased in the present situation in terms of Indian law and also in terms of Mohammedan law of inheritance.

What is the documentation process to be done for the younger brother to get his portion registered in his name?

What is the proportion of the house in which it will be divided amongst the legal heirs in terms of the Indian law and in terms of Mohammedan law of inheritance?

Kindly give detailed reply

Thanking you

Md Sirajuddin.

 



Learning

 6 Replies

Anil Agrawal (Retired)     22 February 2010

There is no use waiting. Go to High Court and get the property divided among the legal heirs.

AEJAZ AHMED (Legal Consultant/Lawyer)     03 March 2010

Dear Sirajuddin Saheb,

 

My reply to your each part of query is as follows:

 

Q - 1 Who are the real legal heirs of my deceased (UNCLE) in the present situation in terms of Indian law and also in terms of Mohammedan law of inheritance?

 

ANS - For Muslim litigants, Indian Courts follow "Mohammedan Law/Quranic Law" for the question pertaining to 'Inheritance' and 'Partitions' of Properties left by the deceased parents.  There is no "Indian Law" dealt with the subject question.

 

So, in your case, the real legal Heirs of your deceased Uncle is:

 

a) Living Son (Younger);

 

b) Wife, Son and Four Daughters (of deceased Older Son)

 

Q -2   What is the proportion of the house in which it will be divided amongst the legal heirs in terms of the Indian law and in terms of Mohammedan law of inheritance? 

 

ANS -

First Step: (Division of Your Deceased Uncles Property)

 

Divide the Whole Property of House (i.e. CIB Quarter) into          "TWO PARTS" (1/2 and 1/2)

 

One (1) Part {1/2 of the above} will go to "YOUNGER SON" in his share

 

Another Part {1/2 of the above} will be the share of "OLDER SON";   which will be further divided as follows:

 

Second Step: (Division of Older Son's Share)

The "Second 1/2 share" which is as stated above in the First Steps against the share of deceased "Older Son" shall be fist of all divided into              "Forty Eight (48) Parts" ; and this 48 shares will be further divided as follows:

 

i)                  WIFE………..…………… SIX (6) shares

 

ii)                SON……………………… FOURTEEN (14) shares

 

iii)             DAUGHTER -1………… SEVEN (7) Shares

 

iv)              DAUGHTER -2………… SEVEN (7) Shares

 

v)                DAUGHTER -3………… SEVEN (7) Shares

 

vi)              DAUGHTER -4………… SEVEN (7) Shares

 

 

 

Q – 3   What is the documentation process to be done for the younger brother to get his portion registered in his name?

 

ANS – Younger Brother can enter into a "Partition Deed" with the Legal Heirs of 'Older Brother' and can "Registered" the Partition Deed before the concerned 'Sub – Registrar Office'.

OR OTHERWISE

          All the "Legal Heirs" of Older Brother can execute a "RELEASE DEED" in favour of 'Younger Brother' and get "Registered" the Release  Deed before the concerned 'Sub – Registrar Office'.

Kindly go through the copy of "FATWA" issued by the Jamiya Nizamiya...which I have obtained after making a query to them.

AEJAZ AHMED (Legal Consultant/Lawyer)     03 March 2010

Kindly go through the copy of "FATWA" issued by the Jamiya Nizamiya...which I have obtained after making a query to them.


Attached File : 54 54 fatwa jamiya nizamiya.pdf downloaded: 175 times

kumar (Accountant)     19 March 2010

My father died ten years back, leaving her four daughters and i am the only son. only elder sister was married before his death. now totally three daughter and i (son) were got married. still younger daughter has to get marry. now the litigation arises for share of property between daughters and son. what my mother can do in this situation. all the married daughters and son have got childrens of one male and one female including me.My question is whether the property is to be shared equally to all the childrens. The property is my father self acquired property. it is not an inherited property. do i have full rights on this property. How can my mother act in this situation.

Please reply

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     24 March 2010

I agree with the contentions of Mr. Aejaz Ahmedji. Never try to step the Court unless it is compulsory. Even i suggest Mr. Anil not to advise to go court for simple things.

S.A.Narasimha Rao Karri

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     24 March 2010

Mr. Kumar,

The property acquired by your father shall be divided among yourself, your mother and your three sisters in equal shares. And you cannot claim exclusively the entire property unless until your father specifically given through a registered title Deed.

 

S.A.NARASIMHA RAO KARRI


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