quesMuslim sibling property dispute

My mother was born out of my grandmoms first marriage. My 2 step uncles out of her second marriage. My grandmom died in 2004, step grandfather died in 2000 and my unmarried step uncle died in 2007. The only 2 heirs are my mother and my married step uncle. The disputed flat in mumbai is solely in my grandmothers name. Despite various attempts my uncle refuses to settle this out of court. What is my mothers legal share as per mohammedan law? What is the best remedy to expedite a positive court ruling. She is a senior ailing citizen n needs the money urgently.

  • ansYou may file complaint under Domestic Violence Act and seek all the relifs she is in need of . This is the fastest remedy available for her. Simultaneously you may file police complaint and also civil suit for declaration and injunction and seek the remedy but it is time consuming so all these legal steps you can opt for.

    Advocate Sagar Kothari

      District Court Shivajinagar, Pune

  • ansthe question is whether the flat in the name of your grandmother is her separately acquired property or is it a part of ancestral property of your step-grandfather?
    in both the cases your mother has right in the property but the share may vary. you can file declaratory suit before the civil court in respect of declaration of right in respect of the said property.

    Advocate Rohit Shaligram

      Sadashiv Peth, Pune

  • 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 Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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