DIVISION OF PROPERTY IN CASE WHEN FATHER EXPIRED.

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

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.

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

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

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

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