Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More (     27 May 2011

Sister and Her Husband Claiming Property

Respected Sirs,


Sister and the husband of my friend are asking for property from his father and mother. There is property in the control of father and mother which has been owned in the name of another person (but definitely not the sister) and sister is threatning to go to court regarding this matter. As both parents  are alive and there is no property in the name of sister, does the sister mandatorily deserve share from the property if the father and mother chose to not include her? Does she have a legal share in this matter? And is her son entitled to property of his maternal grandfather?


Note - As they are muslims, can they pursue rulings of AIMPLB?


 6 Replies

Arvind Singh Chauhan (advocate)     27 May 2011

She can claim her share only  after the death of parents and can claim only ancestral property. Distribution of Self acquired property is totally on the discretion of parents.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     27 May 2011

If it is self acquied property of the parents then sister cannot claim her share, if it is ancestral being a co-parcener she can claim her share.

1 Like (     27 May 2011

thank you arvind and rajoo sir for the timely and precise advice

prabhakar singh (advocate)     27 May 2011

Law of sucession is governed by parties' relegion. Hindus have Hindu Sucession Act while muslim

have qurans'law.Among Hindus there were 2 concepts Mitakshara co parcenary and Daybhag law ruled by

Different schools in differents parts of India.In dayabhag law property devolves from father to son but in case 

Mitakshra law a property devolves not only on son but also on grand sons and this rule is still saved in Hindu

Succession Act with only one qualification that in olden days females were not to form a part of

Hinducoparcenary but  now law recognises them as sisters can claim equally with brothers

if the property in hands father has come from their GRANDfather  even in life time of the father but in case the

property in hand of the father is his own creation. none can claim it during his life time.the husband(a son in

law )can have no claim in either of cases. 

Ravikant Soni (LAWYER IN JAIPUR)     27 May 2011

In muslims there is no terminology like ancestral or co-parcenery!! 

Swapnil A. Lavtawar (Advocate)     27 May 2011

i agree with  soni sir

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register