Daughter claims share in parent's property as brother deny share

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

Answers (2)

160 votes

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

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

199 votes

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.

Popular Property Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience

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 Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Articles

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Similar questions

My father doesn't have good relationship with my mother and my elder brother is in my father's business. My father has taken some loan against…

Read More

We have a plot in faridabad which is registered in the name of my mother and myself(70% and 30% share). I have two younger brothers who have bad compa…

Read More

We are 2 sisters and 1 brother. Our brother wants the whole share of farming land without our consent. Hemce We sisters have filed a legal case on my …

Read More

Hello sir, Please give advoice We are 3 members ( 2 brother and 1 sister ) and the property which is now under the name of my parent ( mom and dad) no…

Read More