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Sameer N Khan   14 February 2021

right to property share

My self samir nazir khan
My father had a self-acquired
property (flat), which was bought in 2006 with stateing myself & my brother as nominee 50% each, My father died without a will while my mother is alive. I have 1 younger brother & 2 sister, we all are married. The property continues to be in my father's name and has not been transferred to my mother. Can my mother claim an full share in the property? Can my mother take a decision of removing me from my share & get flat transfered in her name without my consent or autorisation ? I heard my mother has made up a release deed to transfer the property in her name without my consent ?


Learning

 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     14 February 2021

Under Muslim Law, a wife should receive 1/8th of the property of her husband on his death if they have children. In case there are no children borne out of marriage, she is entitled to 1/4th of the property. A daughter will receive half of the share of a son.  So discuss with your family members.

Sankaranarayanan (Advocate)     29 April 2021

Yes This is the prescribed law


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