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Salman (Executive)     18 August 2013

Muslim partition law for inherited property from mother

This is the scenario. A family with Father, Mother, 2 Sons and 2 daughters. The total property is 10 cents and a 4 storied Building residing on the Property.

Half of the Property was given to Mother by Mother's Father (Grand father) [This is solely in the name of mother only. Father has no rights in it].

Another half was bought combined in the name of Father and Mother.

All children are  18+. None Married.

Questions are

1- When can a Son file a Partition suit if Mother is not willing to do the Partition. [Father is willing for a partition]

2- What will be the respective shares for Sons and Daughters if a Partition is possible?

3- If partition is not possible, are the children eligible for rental income acquired from the property? 

4- What is the abiding law for partition for Mother's Ancestral property among children? 



Learning

 1 Replies

prabhakar singh (advocate)     19 August 2013

""Half of the Property was given to Mother by Mother's Father (Grand father) [This is solely in the name of mother only. Father has no rights in it].""

 

Answer:IT IS HER EXCLUSIVE PROPERTY IN HER LIFE TIME NONE CAN CLAIM EVEN A CENTI FROM HER.

 

"Another half was bought combined in the name of Father and Mother."

 

ANSWER: HERE THEY BOTHARE OWNER<NONE CAN STAKE A CLAIM.

 

 

All the four questions framed are useless as muslim personal law does not know concept of ancestral property.


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