Can children claim property as partition deed shows mother's name

Hi, I belong to muslim community  i have an ancestrol property in Jamshedpur which is currently alloted under my father and his 2 brothers name.. we all are currently leaving in same property. the said property is already partitioned and we all are living in our share. But there is no partition happened on paper. My father passed away in april,2004 and is survived by mother ,me and my married elder sister who is currently living with us along with her kids and husband. Now a family partition deed is being made seperating the property among my father and his 2 brothers. since my father is not alive, my mother name is given under our share... but my name is not there.. My questions are. 1. As per law, me and my mom are legal heirs of my father.. so if the partition paper would show only my mother's name then can my sister later claim any ownership.? 2. Is there any problem if partiton paper will have only mother's name? 3. Does she become sole owner

Answers (2)

320 votes

Venerated Sir,
I would like to inform you that as per the Succession Law of India daughter have also share in the ancestral property of father. she can claim on the basis of legal heir. Your sister have also right over that property as per Indian Law. No, as per the right of heir you have also one of the owner of that property because that is ancestral property. No, She cannot become a sole owner ... you can claim your right at any time and separate your share. Give your valuable feedback..

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70 votes

Since it is a family property and both children are majors, your name should be therein the Partition paper else it will always create trouble. You can have it mentioned that your sister does not have any share and she also signs on the document. If name is not there, your sister can later claim any ownership.

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