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What is the property law under muslim law after fathers death


08-Dec-2023 (In Property Law)
I am a muslim woman. my father died in 1998with heart a attach. he left behind a lot of property on his name. we r 4 siblings. 2 brothers and 2 sisters. after my father's death we went civil court for my share and i got approved by district civil court and got my share in 2000. after that i went abroad with my family and we returned back some time before. now i want my share legally for myself either to develop or to sell. In other side my father has two brothers and 7 sisters. What ever the property he earned was his own. Not his father’s, he is the one who look after and performed the marriages of all his younger brothers and sisters. So we used live like a joint family till he was earning and major property was on my father’s name. from 1990 on words they were living separate with their own families decided to separate but one of my father’s brother didn’t agree any of settlement. He used to ask every time separate demands. once they partially wrote on a white
Answers (1)

Answer #1
811 votes
Although your mother holds the society share certificate, as per Muslim Law she isnt absolute and full owner of the property. You and your brother together are entitled to 2/3rds share of the property. Also a gift of more than 1/3rd of the property cannot be made by the title holder as per muslim law. Hence your mother cannot in anyway disentitle you from your share of the property. She is on equal footing as you. Subject to further details.

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