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I am Human   14 October 2021

property share Muslim law

Can I file case to claim money only,don't want to stay in the property, father passed away without will,my mother, younger sister (husband and children)and younger brother (wife and child) staying in the building, iam the eldest,I left the house due to differences before my father passed away , iam staying in a rented house, I don't want to stay in that building due to differences,I want to know if I can file a case against my mother to claim my share (money only), under muslim law.


 1 Replies

Ananya Gosain   18 October 2021


Muslim law recognizes two types of heirs, the first being Sharers, and the second being Residuaries. A person who is a Sharer will take a specified portion of the deceased's estate irrespective of anything else except for one important exception being the Rule of Awl and Radd. A relative who is a Residuary will take whatever is left over, once the Sharers have taken their specified shares.

The Sharers are 12 in number and are as follows: (1) Husband, (2) Wife, (3) Daughter, (4) Daughter of a son (or son's son or son's son's son and so on), (5) Father, (6) Paternal Grandfather, (7) Mother, (8) Grandmother on the male line, (9) Full sister (10) Consanguine sister (11) Uterine sister, and (12) Uterine brother. The share taken by each sharer will fluctuate in certain circumstances.
If the deceased had left behind son(s) and daughter(s), then, the daughters cease to be sharers and become residuaries instead, with the residue being so distributed as to ensure that each son gets double of what each daughter gets.You can claim your share by filing a suit for partition.


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