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Guest (n/a)     07 June 2009

Property Rights in a Muslim Family?

My father was a muslim and after his demise in 1993, his property (a flat in Mumbai) was transferred to my mother through nomination. He did not file any will. Besides my mother, we are a family of 4 brothers & 2 sisters, who are all married. All the heirs, except one sister, intend to liquidate the property and distribute the proceeds as per the legal entitlements. One of the brothers has even proposed to purchase the property and distribute the rights. However, the sister mentioned above is not allowing disposal of the property. We have also offered her to buy the property but she has refused. As a result, we are unable to dispose the property and get our share out of it. My sister has a property in a joint name with her husband but instead of staying with her husband, she continues staying with the mother in the ancestral property. 
 

Can the nominee sell the property without the consent of sister in question. If not, is there any legal remedy by which the property can be sold 



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 3 Replies

A V Vishal (Advocate)     07 June 2009

Ms. Shahjahan

The heirs can file for a partition of the property. But the problem will arise since the subject property is a flat, however it has to be checked that whether your mother has right to dispose the property as a nominee in accordance with the personal law governing you.

Khaleel Ahmed (Legal Advisor)     07 June 2009

Mr.Shahjahan,

Your mother is not entitle to sell the property. You need tofile suit for partition.The court will order the prartition as per mohammadan law.

 

First 25% of the property will  be alloted to your mother.

The remaining property will be divided among you brothers and sisters in the ration of 1:2.

The sisters will get 1 share

Ther brothers will get 2 Shares.

 

 

 

mustakim qureshi (parel)     19 November 2010

assalamualequm.

mera naam mustakim qureshi hai.mein mumbai se hoon .mere daadaa ka ghar bhi mumbai mein hi hai.mere daadaa ko 3 ladke aur 1 ladki hai .

sabse pehle mere daada ka inteqaal ho chuka hai uske baad mere 1 chaacha aur abhi 1 hafta pehle meri daadi ka inteqaal ho chuka hai.

abhi mere abba aur unki bahen aur 1 chacha zinda hai.

meri chachi jinke husband ka inteqaal ho chuka hai woh bolte hai ki ghar uska hai aur uske ladke ka hai.

meri abba ki behen hai lekin khidar hai uska pata nahi hai.

aap plz iska pura solution bata dijiyeh.aur mumbai mein koi achha property lawyer ho toh bata dijiyeh.

khudahafiz.


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