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PrnBCRBant (CA Student)     08 October 2009

Share of property under mohd. law

 

Dear Sirs,
 
I have got a query to the forum. This is a Muslim Familiy, in which they got the property by inheritance & all the right holders joined together & had a Regd. Partition Deed executed. In the said partition, 8 members including (wife, 3 male & 4 female members) have been allotted with “A” schedule landed property jointly. Now out of these 5 members (i.e.Wife & 4 female children) wants to release their right in favour of one of the male member & are ready to execute a release deed. Kindly suggest me as to whether this release deed can be executed & valid in law ? what is their share to be released & mentioned in the release deed ? in my opinion it is 5/8th undivided share to be released & mentioned in the deed. I want a clarification whether this is right or it should calculated according to the Mohammadean Law of inheritance. If this is so, please specify me the share . Thanks in advance.


 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     08 October 2009

The deceased owner of property is called the propositus. If the propositus is a Sunni, Sunni law of Inheritance applies and if he is Shia,Shia law applies. In India the presumption is that a Mohammedan is a Sunni.


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