• Property distribution

Hi sir,i'm Abdul Rehaman from Visakhapatnam.So the Case is my sister had passed away and she is a divorcee.So she dont have any children and a legal heir.So the court had decided to distribute the property among her siblings.Her siblings Comprise of 3 brothers and a sister.So according to muslim law the court dived the property like single share for the sister(Fathima) and 2 shares for brothers(3 Brothers).But recently our Sister(Fathima ) also expired.And their children had claimed as her legal heirs.

So my question is Does her children have any right to grab the share from this property?

Please explain me in detail..
Thank you..
Asked 3 years ago in Family Law from Visakhapatnam, Andhra Pradesh
Religion: Muslim
1)Allah directs (them) about those who leave no descendants or ascendants as heirs. If it is a man that dies, leaving a sister but no child, she shall have half the inheritance. If (such a deceased was) a woman who left no child, Her brother takes her inheritance. If there are two sisters, they shall have two thirds of the inheritance (between them). If there are brothers and sisters, (they share), the male having twice the share of the female. Thus doth Allah (swt) makes clear to you (His knowledge of all things). [An-Nisa 4:176]

2) in your case If there are BROTHERS and SISTERS, the male will have TWICE the share of the female as rightly directed by court 

3)Nephews and Nieces are ONLY entitled in the absence of Brothers and Sisters. This means that they take the shares of the Brothers/Sisters of the deceased in their absence. Hence a Nephew/Niece will receive what his/her parent (Brother/Siuster of the deceased) would have received if he/she was alive

Ajay Sethi
Advocate, Mumbai
45638 Answers
2681 Consultations

5.0 on 5.0

1. Your sister fathima whose children have the right of share what she had , that is as you mentioned single share or half of what a brother gets. 

2. As per the court order your sister had a share with you three brothers that is your sister had a  single share in her deceased sisters property .
3. After her death whatever share came to her will be divided among her children and husband if he alive as per the sharia law.
4 The three brothers will have the equal share ,may be 29 % each . the exact portion has to be decided by a division of property by metes and bounds.
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
134 Consultations

5.0 on 5.0

Dear Mr. Abdul Rahman;
Your deceased sister's share in proportion was allotted to another sister as per court order (?), right? Therefore that becomes her property and upon her demise, her property shall devolve on her legal heirs which is natural and legal, do you have any doubt in it?
If the property left behind your sister is not given to her legal heirs, is it not an illegal act?,  under the situation where is the question of her legal heirs trying to grab the property?, they would like to inherit their mother's property legally, this cannot be said as grabbing.  If they try to grasp more than their entitlement , it can be considered as grabbing and illegal. 
You may issue legal notice to them if they try grab your property to not to interfere in your possession and enjoyment of your property and subsequently you may file a mandatory injunction suit against them on the same lines. 
T Kalaiselvan
Advocate, Vellore
35809 Answers
390 Consultations

5.0 on 5.0

1. The children of your deceased sister have succeeded to the share of their mother after her demise.

2. Their right to claim the share of their mother is indefeasible.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Dear Querist
When the court decide the share of your sister (Fathima) as single share and she is also expire then her legal heirs(her children) will be the legal heirs of her and have the right over the property.
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

Hi, Children of Deceased Fathima has right over the properties which is belonging to the sister of the deceased. 
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

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