Advocate Mahek Harichandan

Questions Answered by Advocate Mahek Harichandan (25+ answers)

Q: Grandmother's mother property issue

Do my mother have rights on my mother's mother's mother property share.It means my mother's mother( rangamma) (my grandmother) expired recently but the property is in my grandmother's mother name and my grandmother is only one daughter

Advocate Mahek Harichandan answered
Since your maternal great-grandmother owned the property and her only legal heir was your grandmother (Rangamma), the property would have fully devolved upon Rangamma after her mother’s death. Upon Rangamma’s recent demise, the property becomes part of her estate. As her daughter, your mother is a Class I heir under Hindu Succession Law and is legally entitled to an equal share in Rangamma’s property along with any other surviving children, if any. Thus, your mother has a rightful claim to the property

Q: Section 313 notice issued from BBMP due to third party complaint

HelloWe Started construction in KR Puram which is in BBMP limits, however the layout is unapproved and road shows 20 feet. However when check the boundary the road is only 15 feet since layout was not approved we started construction as per deed 30*40 and leaving road as 15 feet. But some third party has raised the complaint that we have encroached public road and bbm has given 313 notice but we don't have bulding plan approval or CC since it's B Khata site

Advocate Mahek Harichandan answered
Your construction on a 30x40 B Khata site in KR Puram, within BBMP limits but part of an unapproved layout, lacks building plan sanction or occupancy certificate. Though the sale deed shows a 15 ft road in front, the layout sketch indicates 20 ft, leading to a third-party complaint and issuance of a Section 313 notice by BBMP for alleged road encroachment. Since B Khata properties in unapproved layouts are not entitled to regular plan approvals, and road width forms part of public utility norms, any construction without adherence to sanctioned layouts is considered unauthorised. You may contest the notice by submitting a proper boundary survey and documentation, but legal risks remain unless the layout is regularised or the road is proven not to be public land.

Q: Can I get a share in property of my deceased father. I am a

Can I get a share in property of my deceased father. I am a Sunni Muslim

Advocate Mahek Harichandan answered
Under Sunni Muslim personal law, which governs inheritance matters for Sunni Muslims in India and many other jurisdictions, the right to inherit arises immediately upon the death of the property holder, and distribution is effected strictly as per the Quranic injunctions and classical Hanafi jurisprudence. Upon the death of a Sunni Muslim male, his estate devolves upon his legal heirs in predetermined fractional shares. Sons and daughters are both recognised as Quranic heirs. However, sons receive a share that is twice that of daughters, pursuant to Surah An-Nisa (4:11) of the Quran: “To the male, a portion equal to that of two females.” This is not discretionary, and any deviation is invalid under Islamic law unless done through a will within one-third of the estate and with the consent of other heirs if affected. Further, a wife (widow) is entitled to one-eighth (if children exist), and the mother of the deceased may also inherit. The estate must first be used to pay off debts and funeral expenses, after which the balance is distributed. So, Sunni Muslim children, including both sons and daughters, have a legally enforceable and religiously mandated right to inherit from their deceased father’s property, subject to Sharia-compliant proportions.