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Shafi Shali (Consultant)     30 March 2013

Partititon for muslims


Iam a Indian Muslim,NRE residing in UK since 8 years.I am here in India now following the death of my grandfather.I would like to initiate a family partition and finish the process at the earliest before i leave to UK.I am the elder son of the elder.my father is the first son of my late grandfather.We are 3 sons and 1 daughter to my father and my grandfather has 4 sons and 1 daughter.


Is it true that the partittion is not possible until the death of my father?

Can I get the entitlement of my grandfather?

Is it compulsory for a muslim to always go for the partition under mohameden law?

Can we not use general law?


 5 Replies

MohammedRaffiq Bijapur (Advocate)     30 March 2013

Yes u cannot ask for partition of ur share in the property which ur father inherits from ur grandfather since birth right is not recognised in Mohammedans. 

Isit true that the partittion is not possible until the death of my father beacause no interest is vested in u of ur grand father's property since ur father has inherited interest.

Can I get the entitlement of my grandfather?- Yes not by claiming partition but by some other mode

Is it compulsory for a muslim to always go for the partition under mohameden law?-Yes

Can we not use general law?-No

Shafi Shali (Consultant)     30 March 2013

Dear Mr Bijapur,

Thanks for your mail.

sorry,I am not able to understand the answer.

My question is--Can I ask for the partition of the family estate while my father is alive? If yes,to which type of property---becoz we have three types--some inherited from last 20 yrs as a result of partition among my father's brother even when my grandfather was alive he died just last year,,,,,then onwards my father started to develop frm the revenues got from the partition and later when i became a earning member from 1999,my  contribution to the family economy was huge but with my younger brothers leading a immoral life,looting the hard earned money,i see the threat of one day the family coming to raods so as a rescue measure,i feel partiton would be the answer to make brothers feel the responsibility and save the parents.

Jai Karan Nagwan (consultant)     30 March 2013

You have only option to make your father and brother to understand about the family future. Partition can not happen till the succession open and that happen on the death of father under Muslim law. However even a muslim himself also can not alienate property. Here is alternate your father can write Hiba (gift) to save any further loss, but one has to respect old parents emotions. Hiba should be voluntary.

Shafi Shali (Consultant)     31 March 2013

@Jai Karan,,,,,I did try to have a family meeting only to get punched on my face and sustain a nasal fracture.I dont know what my brother has done in these years when i was in UK,The entire family dare stand up to talk,I see that helplessness on thier face.I feel the only answer would be to go for partition so that atleast some of the property will be saved.on the contrary,looking at the pshycology,,,,people like my brother who are splentrifts from the family pool of economy,,,,,,,become over consious when it comes to them.....If there is a way,,where I can save the family,,kindly let me know otherwise we dont have a choice but to suffer from the fate,,,,of someone called the brother is crooked enough to cause a dent in the family ship to sink.  I appreciate your help.

prakharved (Medical officer)     04 July 2013



I think you should consult a practising property lawyer on this issue. To get your query answered you can check out this website, www.lawkonect.com. Here you can write down your query in detail and a property lawyer would give a written reply to your query. You would be informed about the the relevant laws that you need to take into consideration and you will also be described the options available to you in your present situation. If you require, you can hire a lawyer, or request a personal consultation through www.lawkonect.com.

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