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Taj (business)     24 January 2012

Father property division


I am Sunni Muslim and i have query regarding the Father property .

My Father owns a house and the partition of the property  needs to be documented . Is it possible to make an affidavit from my Father mentioning the percentage of the property to be divided between his childrens .

I have 2 brothers and 2 Sisters , my father bought the property and i constructed the house and currently we are living in the house . To avoid later conflicts i want to have a written statement from my Father that how the property will be divided .

As one of my brother does not have a share in this house as he has been given the separate shop property and total sharing people for the house are 2 sisters , elder brother and myself .

Now since i have constructed the house my share will be double compare to others .

2 Sisters share    25%   (12.5% each sister)

1 Brother share  25 %

and my Share is  50 % .

I want this to be document as it will avoid any later conflicts and my Father is alive . My question is if a Affidavit is made will that be enough and yes what will be the format for it .

Thanks in Advance and appreciate your help .


 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (     24 January 2012

Mr.Taj, This is not as simple as you take it to be. If the affidavit that you are talking about is meant to work as a Will then there are various limitations - A Sunni Muslim governed by Hanafi School of Law - can give property via will only upto 1/3rd of his total property. Which means out of all the property your father owns he can give 1/3rd by will to anyone he likes (other than a legal heir - if he chooses to give it to a legal heir - then consent of all others would be required). the remaining 2/3rd would go by way of inheritance where as per the information available. Your sisters would be entitled to 1/6th each of the 2/3rd - and you and your brother would get 2/6th of 2/3rd of the property. The fact that your brother has something else. The limitation of 1/3rd is laid down by the Holy Quran itself - and is meant to ensure that a person does not deprive his legal heirs to what is lawfully due to them. There is nothing such as joint property in Islam - hence no question arises as to a partition.

Jai Karan Nagwan (consultant)     24 January 2012

Mr. Taj, you get the recital of family settlement. this is 100% valid in law and does not required registration even.

dawood ahmed (advocate)     25 January 2012

Mr. Taj,

In view of the facts and circumstances mentioned by you, it would be better if you get a Gift deed executed by your father gifting the said property the shares as you mentioned in favour of the brothers and sisters you mantioned. You can either get the deed registered or a simple notarised deed in the form of an affidavit or geft settlement deed will suffice to safe guard your interest.

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