Can brother throw out sister from mother's property under muslim law?


Dear sir, the plaintiff & defendants of a case are brother (plaintiff) & sister (defendant) and both belong to the Muslim community. The plaintiff's mother is the owner of the house, measuring area of 158.85 sq yards, and she died in the month of July 2014.

 

The father of the plaintiff purchased the house & made a sale deed in the Plaintiff's Mother's name in 1973. The defendant occupied an area of 100 sq yards from the said property.

 

The plaintiff asked the defendant (sister) to vacate the property and Rs. 4 lacs for wrongful use and enjoyment for the said property.

 

What can be now done?

 

Answer

 

First of all, you will have to explain the relief or legal solution which you want from us.

 

Please specify whether your father made a Will or not? Whether your sister is married or not?

 

In case, there is no Will then the law governing to Muslims and Muslim women in India under the Muslim Personal Law (Shariat) Application Act, 1937 would be applicable. The Shariat is regarded as the Custom or Usage for the purposes of division of all properties, except agricultural land.

 

According to the Shariat, the daughter and the widow cannot be excluded by any other heir and also have the protection from the testamentary restrictions. The shares of the daughters and widows are lower than the man.

 

However, please provide us with the complete facts, then we will be able to give you the exact legal solution.

 


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