86+ Lawyers are online 
How is property shared between brother and sister
02-Apr-2023 (In Property Law)
dear sir, religion muslim q) there is a property of abdul kareem sab(late) . in same property her wife and his son(me) meheboob. overall son and daugtr to abdul krm sab is 2 son&3 daugtr 1. abdul shukur 2.akthar 3.hafiz 4.khurshed 5.meheboob. abdul shukur was govt offical was working in nmdc for past 35-40 yr in this period he had not looked after her mother. for this reason his mother wrote a WILL in that my(mother) share has to go meheboob because he looked after her. now mother has died. what will be status of her will. it will be worth and what will be share of each brother and sister if prperty sold out. kindly elibrate with example to provide solution for it thanks
You will have to apply for probate of will in the jurisdictional civil court. Also, please mention as to whether the will was duly registered or not. Anyhow, you will have to apply for probate. Also, if the said property was self acquired by your mother or inherited by a way of gift deed then she can transfer the said share of the property in your favour.THERE IS NO DISTINCTION IN MUSLIM LAW OF INHERITANCE BETWEEN ANCESTRAL AND SELF ACQUIRED PROPERTY AND BIRTH RIGHT IS ALSO NOT RECOGNIZED AS AMONG HINDUS.
THERE ARE 3 CLASSES OF HEIRS1)"SHARERS",WHO ARE ENTITLED TO PRESCRIBED SHARE OF THE INHERITANCE,
2)"RESIDUARIES"WHO HAVE NO SHARE PRESCRIBED BUT GET ONLY WHAT IS LEFT AFTER GIVING THE PRESCRIBED SHARE OF SHARERS ,AND LASTLY,
3)"DISTANT KINDARED"ARE ALL THOSE RELATED BY BLOOD BUT THEY ARE NEITHER SHARERS NOR RESIDUARIES.
AND THAT THERE IS NO PRESUMPTION OF JOINT FAMILY AS IT GOES AMONG HINDUS.
SO IN THIS BACK GROUND OF MUSLIM INHERITANCE LAW, IN WHICH YOU ARE TO LOOK UPON THE FACTS OF YOUR CASE.
THERE ARE 3 CLASSES OF HEIRS1)"SHARERS",WHO ARE ENTITLED TO PRESCRIBED SHARE OF THE INHERITANCE,
2)"RESIDUARIES"WHO HAVE NO SHARE PRESCRIBED BUT GET ONLY WHAT IS LEFT AFTER GIVING THE PRESCRIBED SHARE OF SHARERS ,AND LASTLY,
3)"DISTANT KINDARED"ARE ALL THOSE RELATED BY BLOOD BUT THEY ARE NEITHER SHARERS NOR RESIDUARIES.
AND THAT THERE IS NO PRESUMPTION OF JOINT FAMILY AS IT GOES AMONG HINDUS.
SO IN THIS BACK GROUND OF MUSLIM INHERITANCE LAW, IN WHICH YOU ARE TO LOOK UPON THE FACTS OF YOUR CASE.
Helpful?
11+
11+
Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
