A Muslim family comprised father, mother, 4 brothers and 1 sister. The death of members occurred as under: father in 1986, mother in 1992, sister in 1993, brother (B1) in 1994 and brother (B4) in 2007.
B1 left behind wife and 2 married daughters; B4 left behind 2 sons. Two surviving brothers (B2 & B3) are Class II legal heirs of the expired spinster-sister, and all others are, may be, Class III or Class IV legal heirs.
Family of B1 is residing in a tenancy-flat which is in the name of father. Living brothers (B2 & B3) have been demanding their share in father’s property. So far, brothers have not resorted to any legal action. The two surviving brothers (B2 & B3) intend to file succession petition.
Sister, a spinster, died intestate. She owns a CHS flat in Mumbai jointly with brother B4 as co-owner, also expired in 2007.
Query1: Do the Class II surviving brothers (B2 & B3) inherit (50%-50% each) of sister’s property (CHS Flat) or other Class III & IV heirs can also claim share in sister’s property by virtue their deceased fathers (B1 & B4) being Class II legal heirs of sister ?
Query2: In what way, can the surviving brothers (B2 & B3) club their inheritance claim of father’s flat in their petition ?
Query3: Surving brothers (B2 & B3) have applied to the CHS Society for membership of the CHS flat more than a year ago. In an affidavit to the CHS Society, surviving brothers (B2 & B3) have stated “we are the only two surviving brothers”. Society is "verbally" telling surviving brothers to give in writing about brother B1.
Is the society morally/legally justified in asking us to confirm/deny about the brother B1 ? If so, in all fairness, it should ask this in writing. We feel, since no claimant has lodged any claim since sister’s demise in 1993, a public notice under byelaw 35 would bring out any left out heirs. (Society will publish public notice in any case; so why this confirmation or denial statement from us?)
