• Daughter share in father's property as per muslimlaw

We have three sister and two brothers my father expired in year 1992 and the properties was owned by my late father occupied by my brothers and mom and fetching rent from last 25 years when ever we asked my mom say the all property of your late father is know on my name and she not willing to give daughter share we don't know whether the properties transferred to my mom's name by my brother and we don't know whether they have included daughter me after my father's death can we claim our share legally as per Muslim law I wanted to.know and how
Asked 7 years ago in Property Law
Religion: Muslim

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11 Answers

1)  if the properties are in your father name registered then without consent of all legal heirs they can not transfer Or sell. 

2) if you know plot number or door number,survey number then you can obtain online Encumbrance certificate. 

3)As per Shariah law if father died property will be divide among as per Shariah rules,The male takes a share equal to that of two females. 

4) Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females”

[al-Nisaa’ 4:11]

5)  you can obtain fatwa from your jurisdiction mufti ulema for partition of said property of your deceased father. 

6)  try to settle dispute amicably through Mufti or any Mediator who know about Shariah law. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hello,

you are a shia or sunni

personal laws vary accordingly 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

See since there is no will daughters will have half the share of brothers they can file a partition suit for there share in the civil court or revenue court as per nature of property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

On father demise intestate wife , sons  , daughters would have share in property as per Muslim personal law 

 

2) you can issue legal notice to claim your share as per Muslim personal law 

 

3) if they refuse file suit for partition for division of property by metes and bounds 

 

4) seek injunction restraining sale of property 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1) Yes, you are entitled to have share in your father's property as per Muslim law.

  • There are six fractions of shares mentioned in the Quran:

    2/3, 1/2, 1/4, 1/8, 1/3, 1/6.

  • The 2/3 share is
    for two or more daughters;
    for two or more son’s daughters;
    for two or more sisters;
    for two or more half- sister;

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. FIRSTLY using the details of the Property survey numbers and other info, approach the Municipal /Tahsildar and procure all the documents related to the Property (from year 1950 onwards).

2. The above documents would show the chain of owners upto current date.

3. Based on the above documents, file civil suit for claiming your share, PROVIDED Father has not prepared any will in favor of mother.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Yes absolutely 

Are you Shia or Sunni? 


if you are a Sunni your mother has 1/8th share = 12.5%

your 2 brothers have 25% each = 50%

3 sisters have 12.5% each = 37.5%

TOTAL = 100%

 

same distribution is applicable for Shia muslims

 

i assume your father did not leave his parents 

 

you will have to file a partition suit to claim your and your sisters' share in your father's estate

 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Dear Madam,

The following information may kindly be read.

Every religion is guided by its own personal laws including the property laws. Under Muslim Law , there is no distinction between ancestral or self-acquired property. Every property belonging to a deceased is considered as heritable property.

As a result, after the demise of the person, the property is distributed among its legal heirs as per the shares mentioned in their personal laws.

The Muslim law in India are not codified laws and thus are governed by the 2 schools of Muslim Personal laws:-

  • Hanafi: Under Hanafi School, daughters do not have any right in the property of her father. It recognises only those heirs whose relation to the deceased is through male.
  • Shia: Under the Shia school, the daughters are given rights in the share of the property; they are given ½ of the share of the son in the property.

So basically daughter’s right in property under Muslim Law is given only under the Shia law. Here are the following rights available:-

  • The daughters have absolute rights in the propertythat they inherit and are legally allowed to manage, control and even dispose of their respective shares in the property.
  • The daughters have the right to share ½ of the share given to the son in the property, which means the son has double the share that the daughters get in that property.
  • If she does not have a brother, she only gets half of the shares in that property.
  • She also has the right to stay in her parent’s house until she gets married and get maintenance as well from her parents.
  • Under Muslim law, the person holding the share in the property cannot dispose of more than 1/3rd of the share inherited by them by way of will.

Property rights of a daughter in Islam

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. 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear client, 

Daughters have claim in property which you can claim through partition suit 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Daughters are also entitled to their legitimate share in the properties left behind by their deceased father who is reported to have died intestate.

The daughters shall be entitled to one share to two shares to that of their  brothers' share  in the property.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Yes you can claim your share as per Muslim inheritance law.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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