In Muslim law do I have a right of share in my father's property.

My father had a flat in which he had kept my mother as a second joint holder. He died 20 years ago without any will. I have only 1 brother and no sisters. Now my mother is the sole holder in the society flat share certificate. Now my mother is not on good terms with me and I doubt she will gift away the flat fully to my brother. Can she do that. As per Muslim law do I have a right for share in my father's property.

Answers (1)

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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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