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Property Distribution after Father's death
22-Jun-2023 (In Muslim Law Law)
I am a Muslim. My father passed away recently. He is survived by his only son (me), 1 wife, 1 mother, 2 brothers and 3 sisters.
As per Islamic sharia law, I am aware that if a man has a son, then that man's brothers and sisters are restricted from getting any share in the property/assets. However, his wife and mother are included in the list of heirs (so there are 3 heirs including the son). As per the Quran and Sharia law, the man's mother shall get 1/6 of the total, wife gets 1/8 of the total and the remaining is passed on to the only son. However, my father's siblings are trying to twist the logic legally. I need advice.
You got to first file legal heir petition before the court for issuance of legal heir certificate. You three should apply for it and publish in newspaper seeking any objection. If your uncles file objection then you'll have to satisfy the court as to who are legal heirs.
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Adv. Mohd Atik Iqbal
Akola | 500+ Answers
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How can I claim my share in property?
Speak to an attorney about claiming a share of your fathers estate. You can, if necessary, file a partition lawsuit to get his share of the property. Answering your question: As a legal inheritor, you are entitled to claim the property of your father. In your case, however, youve stated in writing that this is not what you want. 05-Jan-2022
Can married daughter claim father's property?
In India, as we have discussed, daughters now have the same claim on the fathers property that sons do. The same applies to daughters who are married.
How property is divided in family?
Partition Deeds or Family Settlements can be used to partition the property in mutual agreement. The Partition Deed is used to divide the property among the co-owners. This deed will divide the property in such a way that each co-owner has a title to his part.
Can parents give property to one child?
Answering your question, (can a dad give his property to a son) A father can gift ancestral property to a son. Gifting ancestral property is done by executing a gift deed, which transfers the property ownership from the father to his son.
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