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Father died intestate what is the property law under muslim law


07-Dec-2023 (In Wills / Trusts Law)
No will found after father's death, we are 3 brothers 4 sisters. I am eldest among them. one of my brother married a non muslim girl and was not accepted by my parents. they didn't allow them to live with us in home 1500 Sq. ft. Rather, bought an independent house 3000 Sq. ft. for the couple in the name of my brother. Now, after my father's death my brother wants equal share in the house in which my father lived in. Kindly do my favors by advising me on following points:- 1. How can I convince/stop my brother,  not to take share in old house. 2. what legal action may be taken to remove my brother’s name from old house registration documents & nazul records etc. 3. As per muslim sunni law actual share of brother & sister in total area of 1500 sqft. (each share in sqft.).In case, if we are bound to give him share in old house, who will bear reconstruction cost & other expenses etc.
Answers (1)

Answer #1
509 votes
Although your mother holds the society share certificate, as per Muslim Law she isnt absolute and full owner of the property. You and your brother together are entitled to 2/3rds share of the property. Also a gift of more than 1/3rd of the property cannot be made by the title holder as per muslim law. Hence your mother cannot in anyway disentitle you from your share of the property. She is on equal footing as you. Subject to further details.

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