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Ben Sherry   18 June 2017

Property of Father after his demise in Muslim family

My father passed away . He is survived by my mother and 2 brothers and 2 Sisters. My eldest brother Was with my father during his life time . How do I and my other brother and sisters protect their right. Please note we are a Muslim family.


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 7 Replies

Ms.Usha Kapoor (CEO)     18 June 2017

Are you Shia Muslims or Sunni Muslims? Let me know.Reply will follow soon.

Ben Sherry   19 June 2017

We are Sunni Muslims.

 

We have no instructions from our father , what are our legal rights?

Rgds

 

 

Ms.Usha Kapoor (CEO)     20 June 2017

Assuming thaT YOUR  FOREFATHERS  LEFT THAT  PROPERTY TO YOUR FATHER aCCOIORDING TO sHIAmUSLIM lAW OF INHERITACE YOUR PARENTSGET 1/6 EACH AND YOU 2 SONS WOULD GET2/3RD EACH AND TWO DAUGHTERS WOULD  GET 1/2 OF WHAT THE SONS WOULD GET. SO YOUR TWO SISTERS WOULD GET 1.3RD EACH.

 

aCCORDING TO SUNNI mUSLIM lAW OF inheritance   After the demise of  your father your mother(your father’as widow) AND TWO SONS AND  2DAUGHTERS SURVIVED YOU RLATE FATHER.      YOUR MOTHER WOULD GET 1/8TH SHARE.

AND THE BALANCE(as SONS SHARE WITH DAUGHTERS  IN 2:1 RATIO) OF 1-1/8=7/8x2/3 =14/24 EACH

2DAUGHTERS SHARE  ½ OF WHAT SONS WOULD TAKE 7/24   .

 

(1/8+14’/24+7/24 )SQUAre=1sqare=1 .

If you appreciate this answer please click the like button on my profile.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               

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Ben Sherry   20 June 2017

What if my one brother and sister have managed a nominee document without our name stating the nominee document does not permit 5 nominees, from my mother , how do I protect our interests in the case of an untimely demise of my mother. Can it be contested in court and what are my rights and how do we get relief. In Anticipation...

Ms.Usha Kapoor (CEO)     21 June 2017

Now that your mother is  alright ask her to divide the property on  the basis of my calculations now itself. Thus your  right toyour property will be protected. Dont procrastinate or prolong division of property on the asbove lines.My  calculations or Math is100% correct. If you appreciate my answer please click like button.Nominee means  not heir. He  holds  the  property in trust for you and the other sister. So dont fear.  In court also you can contest that through coercion,undue influence and fraud and some fAKE TACTICS THEY GOT HOLD OF NOMINEE PAPERS from your mother..,.,NOW SET ASIDE ALL YOUR APPREHENSIONS AND ENJOY THE PROPERTY OR YOUR SHARE.protected.Your APPREHENSIONS  Regarding nominee s bullsh*t are baseless.Even on the assumption that your sister andbrother got hold of nominee papers somehow they don't become absolute owners. They are holding the property  in trust for you and the other sister. Assumingf that  ultimately the matter reaches court. Court unless they prove that they are genuine will presume they are fake. You can contest that  through coercion, undueinfluence,fraud etc they got nominee papers and see that you'ds win th ecase. Your line of argument is more convincing and has substance.If you appreciate this answer please click  the like button.

 

1 Like

Ben Sherry   22 June 2017

Many Thanks Madam

Ms.Usha Kapoor (CEO)     22 June 2017

I said please click like button.


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