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Mohammed Mubeen (Sales & Marketing Executive)     03 July 2013

Muslim women rights in ancestral property

 

Hello....

Need legal advice this is regarding distribution and claim to grand father's property by grand children after grand father and father's death.

My name is Mohammed Mubeen, i'm from Khammam, Andhra Pradesh. We are from Sunni Muslim family.

 

My mother's grand father was a Jagirdar (was holding 6000 acres) from him my mother's father got nearly 1400 acres he was having 2 girls and 2 boys and my mother is elder one. My mother's father spent most of his property on charities and personal needs now he left very few for his children. He died in year 2002 without writing any will. But his son's are selling all left property and buying new properties on their names without any information to my mother and aunt.

as per Muslim law Is my mother and aunt are eligible to get part of those properties. How can we proceed to get what is our's?????????

 

My mother and aunt are in financially bad position and their brothers are enjoying without doing any jobs. What we can do about it.

 

Please help us.

thanks

Forgive me for my bad english



 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     03 July 2013

As per to Sunni Sect the son always gets twice that of the daughter thus the ratio is 2:1.   An Indian Muslim inheritance is considered as an integral part of Shariah Law Act 1937. 

The law governing Muslims and Muslim women in India is under  " The Muslim Personal Law (Shariat) Application Act, 1937". The Shariat is regarded as the Custom or Usage for the purposes of division of all properties, irrespective of being movable or immovable and agricultural land. In the earlier times Muslims were governed by the local customs, laws and practices where they were domiciled which ran contrary to the Shariat in following the local customs and laws. The customary laws were highly discriminatory and it excluded daughters and others like widow were in the bottom line in the succession order, this practice runs contrary to the Shariat where a daughter and widow cannot be excluded by any other heir and also have the protection from the testamentary restrictions. The shares of the daughters and widows are lower than a man.

Adv Archana Deshmukh (Practicing Advocate)     03 July 2013

Ask your mother to file a suit for partition in the civil court. Consult a local lawyer.


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