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How to claim share in Father's property
03-Apr-2023 (In Property Law)
Muslim..ghar halat kharab h pita bhi nhi h bahane h bhai bhot chota h....or mama hissa dene se mana kr rhe h... unke pas karodo ki zameen jaydad h.....ghar bhi nhi h rehne ko kiraye se rehte h.....behnein job krti h...maa ki bhi tabiyat kharab rrhti h....
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.
You will have to file partition suit in the jurisdictional civil court.
Aapke case mein aap apne Pita ki property pe ana haq claim kr sakte hain, uske liye aapko court me partition suit file krna hoga.
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.
You will have to file partition suit in the jurisdictional civil court.
Aapke case mein aap apne Pita ki property pe ana haq claim kr sakte hain, uske liye aapko court me partition suit file krna hoga.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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