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Division and Partition of the Parental Properties under muslim law


05-Aug-2023 (In Property Law)
Hello! I am a Sunni Muslim women living in Delhi. My both the parents have been expired recently. We are 4 siblings (1 brother & 3 sisters), and no other legal heir. My mother and father has left some moveable and immoveable properties in their names. EXTENDED FACTS & QUERIES: D1. I come to know that in case of 3 or more sisters their collective share in father's properties will be 2/3rd of the estate; i.e. in my case my share will become 2/9th of the estate, i.e. 22.22%.. Is it true or any other calculation will work? D2. The above mentioned my % of share will be same for both self acquired and inherited properties by my father? If no, what will be the ratios for the both kind of properties? E. I come to know that in my case my share in the mother's properties will be 25%. Is it true? If no, what will be my share in it? F. What will be my share in the business established by my father? Remember, I'm talking about Good Will and Profits associated with the business.
Answers (1)

Answer #1
514 votes
Unlike Hindu law, there is no provision of distinction between individual i.e. self acquired or ancestral property. Each and every property that remains within the ownership of an individual can be inherited by his successors. Whenever a Muslim dies, all his property whether acquired by him during his lifetime or inherited from his ancestors can be inherited by his legal heirs. Subsequently, on the death of every such legal heir, his inherited property plus the property acquired by him during his lifetime shall be transferred to his heirs.

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