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Sajeena B Jameela (none)     29 April 2015

Divorced daughter rights on parents

I am a divorced (2012) woman, Kerala Sunni Muslim. My Mother bought a house in Trivandrum (with her income she earned while she was working for the government), through home loan, in the late eighties. The property was registered in both, my mother's and my father's name. My mother passed away in the year 2000 without a will. My Father is alive. I have two elder brothers. My brothers denied giving me a share of the said property.

I have the following questions.

1) Do i have a share in the property? Can I legally claim my share of the property?

2) Since it was a joint property, and one of the owners is deceased with no will- will the ownership of the property go solely to the other joint owner, i.e., my father?

3)Would her share of the property be partitioned among all of her survivors, i.e., my father, brothers, and myself?

PS: Is this a complicated case or would it be an easy win for me, in case i move legally? How long would you say this case might take to resolve if i move legally?


 5 Replies

Sajeena B Jameela (none)     30 April 2015

T. Kalaiselvan, Advocate (Advocate)     04 May 2015

Yes you can claim a share out of your mother's share in the property, if brothers are not cooperative, you may file a partition suit.  You will not be entitled to an equal share to that of your brothers.


Even if UR father is the joint owner as per the title deed, the children can claim only out of the mother's share.50% of the share goes to UR father as joint owner.Even if UR divorced, U have a right to claim UR share.U cannot put a time frame once the matter goes legally.

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T. Kalaiselvan, Advocate (Advocate)     07 May 2015

As rightly opined by Mr. Sainath, the marital status will not be a bar to claim your legitimate share out of the intestate share of your mother in the jontly held property.  Her share of property can be claimed by you as per your entitledment prescribed in the Muslim personal law, it devolves upon all her legal successors, i.e. 1:2 to that of male share holders. The partition suit filed in the court will take its due course of time. This is not at all a complicated case, you will certainly get your share thorugh court case. 

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Adv k . mahesh (advocate)     08 May 2015

first before proceeding if you have some knoledge about the title deed then first go through it and proceed.  Normally when a Joint deed is executed the writer will perform his knowledge and prepare it in the way that if one of the party of the joint deed dies then automatically the whole share will transfer to other person like say rights of survivorship if this clause is present in the deed then the house automatically your father will become sole owner without any will and if this clause is not mentioned then a partition deed has to be filed where court will grant equal share to all surviours say 50:50 the one 50 share will be equally divided as per your local sunni muslim laws or if your brothers wants to pay you any amount and wants to take up the share then you can

but before proceeding first take a well versed property lawyer who can suggest after seening the house documents and analyze the correct answer

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