Muslim sibling property dispute

My mother was born out of my grandmoms first marriage. My 2 step uncles out of her second marriage. My grandmom died in 2004, step grandfather died in 2000 and my unmarried step uncle died in 2007. The only 2 heirs are my mother and my married step uncle. The disputed flat in mumbai is solely in my grandmothers name. Despite various attempts my uncle refuses to settle this out of court. What is my mothers legal share as per mohammedan law? What is the best remedy to expedite a positive court ruling. She is a senior ailing citizen n needs the money urgently.

Answers (2)

117 votes

You may file complaint under Domestic Violence Act and seek all the relifs she is in need of . This is the fastest remedy available for her. Simultaneously you may file police complaint and also civil suit for declaration and injunction and seek the remedy but it is time consuming so all these legal steps you can opt for.

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115 votes

the question is whether the flat in the name of your grandmother is her separately acquired property or is it a part of ancestral property of your step-grandfather?
in both the cases your mother has right in the property but the share may vary. you can file declaratory suit before the civil court in respect of declaration of right in respect of the said property.

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