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Daughter claims share in parent's property as brother deny share
10-Mar-2023 (In Property Law)
Hello sir My problem is my brother took all my momy property which she got from my Nana's property n also took my Papa s house n money which got after retirement n pension also...I am unmarried so what's my right as doughter n sister in above matter I am Muslim ....he also mentally n physically molest me ... what can u suggest me Plz I need ur helpe
Under the Muslim law, the rules of inheritance are rather strict. A son takes double the share of a daughter, on the other hand, the daughter is the absolute owner of whatever property she inherits.
If there is no brother, she gets half a share. It is legally hers to manage, control, and to dispose it off as and when she wants.She is also eligible to receive gifts from those she would inherit from. This is contradictory because she can inherit only one-third of the man's share but can get gifts without any hassle.
Till a daughter is not married, she enjoys the right to stay in her parents' house and seek maintenance. In case of a divorce, charge for maintenance reverts to her parental family after the iddat period (approximately three months) is over. However, if her children are in a position to support her, the responsibility falls on them.
If your brother has wrongfully claimed property from your share, you should issue a legal notice.
If he still does not respond, then you can file a suit in the relevant court.
You should also file an FIR in the nearest police station stating that your brother has mentally as well physically harmed you.
If there is no brother, she gets half a share. It is legally hers to manage, control, and to dispose it off as and when she wants.She is also eligible to receive gifts from those she would inherit from. This is contradictory because she can inherit only one-third of the man's share but can get gifts without any hassle.
Till a daughter is not married, she enjoys the right to stay in her parents' house and seek maintenance. In case of a divorce, charge for maintenance reverts to her parental family after the iddat period (approximately three months) is over. However, if her children are in a position to support her, the responsibility falls on them.
If your brother has wrongfully claimed property from your share, you should issue a legal notice.
If he still does not respond, then you can file a suit in the relevant court.
You should also file an FIR in the nearest police station stating that your brother has mentally as well physically harmed you.
Helpful?
16+
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Adv. Gowaal Padavi
Mumbai | 500+ Answers
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If parents alive, they r to decide whether to give u any share or not?
If not alive, u r entitled to have share (half of what ur brother gets). So if 2 brothers and 2 sisters r there than in all 06 share r there, out of that sisters shall get 1 share each whereas brothers will get double share each
U can file a partition suit in coury
If not alive, u r entitled to have share (half of what ur brother gets). So if 2 brothers and 2 sisters r there than in all 06 share r there, out of that sisters shall get 1 share each whereas brothers will get double share each
U can file a partition suit in coury
Helpful?
17+
17+
Adv. N.D Jain
Nagpur | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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