Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sayed Maqsood Ahmed   05 July 2022

shares in property as per Muslim personal laws

dear learned sir,

we have ancestral house and agricultural land. Our parents expired. We are 3 brothers and 2 sisters surviving.

We have to now divide our properties amongst all. What will be shares of all brothers and all sisters ie. percentage as per the Muslim laws etc

Appreciate your quick valuable legal advice.

thank you in advance

Best regards


Learning

 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     05 July 2022

Three (3) brothers and two sisters' total share divided by five(5) and the brother will get double of sisters’ share.  Now if we go by percent, will be distributed amongst two sisters and three brothers in such a way that the brother will get double the share of the sister, which means if a sister gets Rs. 100, then the brother will get Rs. 200.

1 Like

Dr J C Vashista (Advocate)     06 July 2022

Well advised by learned expert, I endorse.

Sayed Maqsood Ahmed   06 July 2022

Dear learned sir,

Thanks for your valuable information 

I hope your answer is covered under Muslim personal laws or  general property law applicable for Muslim clients.

I would appreciate if you could quote  relevant section or  under which rule of  cpc this issue is mentioned. Because my brothers are telling that we both sisters would be covered under only 1/3rd joint share in the property.And will not get half share each.

Thank you in advance for your quick answer

Best regards 

Dr J C Vashista (Advocate)     07 July 2022

Muslim personal law is unique and peculiar in the sense that it is not codified and it draws its origin directly from the Holy book of the religion i.e, “The QURAN”.

Section 2 of The Muslim Personal Law (Shariat) Act, 1937 deals with the application of personal law to all Muslims. It reads as:

“Notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal properly inherited or obtained under contract or gift or any other provision of Personal Law. marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law (Shariat).” 

Sayed Maqsood Ahmed   07 July 2022

Dear learned Dr Vashista,

Many thanks for your comprehensive reply. Still I'm not fully clear about the answer.

I.highly appreciate your valuable legal assistance and

I would like to seek your expert opinion in short on the following questions. 

1. How much share of 3 brothers and 2 sisters each in our and ancestral immovable properties ie.houses,  agricultural lands and shops if divided ie. Full,half,1/3rd, or 1/4th etc.

2. If all the above immovable properties are sold  how much percentage of amount would  each brother and sister get. 

Kindly apprise me about the muslim section of the act under which these can be executed. Or general property  act of the CPC.

Thanks for your valuable answer in advance. 

Best regards 

kavksatyanarayana (subregistrar/supdt.(retired))     07 July 2022

Your sisters get 12.5% each and you three brothers get 25% each. 

1 Like

Dr J C Vashista (Advocate)     08 July 2022

I endorse expert advise of Mr. Kavksatyanarayana.


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