Have to file partition suit. Mothe inheirted 1/6th share and sisters will get half of in comparison to brother. Brother will inheirte more than every one left by father and rent income.
Father Property share
Breif : My Father passed away 2 years ago, until now my mother has not divided property nor has made any will among her 3 children ( Son( me) + 2 daughters(A+B)). My mother gets all the rentals from my father commercial property,my mother doesnt reside in my Father Home anymore and is locked since 2 years? she by her wish is staying in one of daughter home(B). She favours (b) with all fianancial helps ever since she got her married. Note- both properties( Residential + Commercial) were bought by my father and its not inherited. When I request her to make WILL and divide the property among us( me and my 2 sisters) as per muslim law , she just says that we three(me and my 2 sisters) should divide after her death, or she says that my father has alreadty left WILL in her(My mother) name and when asked to show she has not shown until now and its more than 2 years Now my Father Passed.. She has been overspending on her vacations overseas trips , she still pays IT since 2 years in my Father name. She has been using my dads massive saving account for ther self.( Vactions to Overseas/Cruise etcc) she always spends for travelling for her one daughter(B) where she is residing.. My Questions Q1. As Son of my parents do I have right to approach court for my share of property? is it rightful act in Law of Islam? Please advise.? What portion am I entitled to receive? Q3 Will Muslim Law and Indian Law protect me in this?If I apply for Partition Law suit of Property? How do I begin? Q4 Am I benficary to receive from commercial rental income of my share(My % as Son)? As she collects all the Rentals from Commercial Complex (The Commercial Property is still in my Father Name ( Electric Bills/Property tax, etc) is this by Law (Islam /Indian Law ) right?. She just has been postponding these talks with me and my other sister(A). How do I get Legal help to get my share in 2 properties + share in commercial Rental Income?
Asked 4 years ago in Property Law
Religion: Muslim
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37 Answers
Is it not WRONG in Law that she hasnt transfered both Properties in her name nor has she transfered among 4 of us( My mother , Me, and 2 sisters)? Also can she let out propery of commercial complex to tentants and make rental agreements in her name solely without her 3 children names, are these rental agreemnts RIGHT in LAW?
Asked 4 years ago
Isnt this a Crime? That she has NOT transfered the commercial property among her 3 children or in her name , As far as my knowledge we need to produce death certificate to Property collector Tax office located in that ZONE where commercial property is located.
Asked 4 years ago
1. IF the Properties belonged to Father, who died without any WILL. THEN all his residual legal heirs (Mother, Son, two Daughters) are entitled to EQUAL share in Father's property & earning thereon, without any exceptions, whatsoever.
2. It is highly illegal to file Income Tax Returns in name of dead persons and it is a Criminal Offence.
3. Do your home work, accumulate all possible documentary evidences and THEN you and sister-A can file Civil Court suit for your & sister's share of Father's properties and the income earned on such properties.
Muslim
can bequeath only only third property by will
2) on father demise your mother, you and your siblings are legal heirs of property
3) you can file suit for partition for division of property by metes and bounds
4) The share of inheritance of a woman is half that of a man.
5) While two-thirds share of the property devolves equally among legal heirs, one-third can be bequeathed as per his own wish.
Yes you have right to approach court. You wil habe equal share
The sharia law is applicable to you. You can seek partition.
Yes if your share included rental income then you are rightful holder of the same
You need to first try through the talks later you can approach court
Yes death Certificate is to be presented to the authorities.
It is not a crime to get the property transferred.
You will get your portion
As per reply from one of above advocate that its criminal offence to file IT returns in dead person name ( my Father), But I just came across google that::::Once an individual passes away, it is the responsibility of his legal representatives to file the deceased’s tax return. This is mandated under Section 159 of the Income Tax Act. link for ref:https://m.economictimes.com/wealth/tax/how-to-file-the-it-return-of-a-deceased-person/articleshow/48834743.cms. PLEASE ADVISE ON THIS
Asked 4 years ago
Last tax return and not continuously for coming years.
You have a share in the properties left behind by your father.
Approach the Court and seek a share in the properties and press for partititon. This can be done by way of preferring a partition suit. Contact a local lawyer to help you with this.
All profits that your mother is generating from these properties must also be legally shared with you by your mpther.
No crime if property not transferred. No effect on inheritance right.
Property will transfer in joint ownership. Supportive document - legal heir certificate.
1. The Legal Heirs are entitled to file I.T.Returns and Close the File by informing the concerned ward ITO, immediately after death of PAN holder.
2. You mentioned that ITR is being filed continuously for last two years, which is illegal, which means the IT PAN is not closed permanently.
3. The same applies to Bank Accounts, GST and other returns.
- As per Muslim law, the share of the male is double that of the female.
- Further, a Muslim cannot bequeath more than one-third of his total property.
- Further, a widow is entitled to one-eighth share of her husbands property when there are children and one-fourth share when there are none.
- Further , under Muslim Law of inheritance, all properties whether acquired himself or inherited by ancestors are regarded as an individual property and may be inherited by his legal heirs.
- Further, under Muslim law, an heir does not possesses any right at all before the death of an ancestor i.e. the inheritance opens only after the death of a Muslim.
1. Yes, you can approach the court for partition of the property/assets left by your father.
2. Before filing the suit for Partition , you should send a legal notice to each legal heirs of your father , and thereby ask for a partition of the property /assets left by your father,
- If, no response , then file the suit for Partition .
- According to section 159 of the Income Tax Act, if a person dies, then his legal heirs is liable to pay any sum which the deceased would have been liable to pay if he had not died, in the similar manner and to the same extent as the deceased.
Property cannot be transferred by mother in her name without consent of other legal heirs
2) rentals have to be shared with all legal heirs
On demise of father mutation has to be done in name of all legal heirs
2) she has to mention names of other legal heirs
3) apply to authorities for setting aside mutation of property in mother name
Your understanding is correct
it is responsibility of legal representative to file deceased father income tax returns
Dear Querist
as per your queries my opinion are as under:-
Q1. As Son of my parents do I have right to approach court for my share of property?
is it rightful act in Law of Islam? Please advise.? What portion am I entitled to receive?
Opinion:- You will get 1/2 of the 75% property, as 1/4(25%) of the share in the property will be related to the widow of your father means your mother. remaining 75% share, you will get 1/2 and your sisters will get 1/4 each.
Q3 Will Muslim Law and Indian Law protect me in this?
If I apply for Partition Law suit of Property? How do I begin?
Opinion:- yes, but if there is any Will then nobody can help you.
if there is no Will then you may succeed so filing the partition suit before civil court is best option along with injunction and claim the rental income as per your share.
,Q4 Am I benficary to receive from commercial rental income of my share(My % as Son)?
As she collects all the Rentals from Commercial Complex (The Commercial Property is still in my Father Name ( Electric Bills/Property tax, etc) is this by Law (Islam /Indian Law ) right?.
Opinion:- As per point No.1 & 2 you wll get your share in the property as well in the rental income.She just has been postponding these talks with me and my other sister(A).
How do I get Legal help to get my share in 2 properties + share in commercial Rental Income?
File a civil suit before the civil court for partition and get the same.
Feel Free to Call
1. You can very well approach court with a suit for partition and seek division of property as per Islamic law or Muslim personal law of inheritance and allot you the legitimate share that you are entitled in the property with separate possession.
3. You are very much entitled to a legitimate share in property left behind by your deceased father as a right. you can consult a local advocate and file a partition suit immediately.
4. You can file an application in the same partition suit seeking share in the mesne profits out of the income derived from the said properties.
She is not entitled to acquire the entire property left behind by your deceased father.
The properties left behind by your father shall devolve on all his legal heirs as per their entitlement according to Muslim personal law of inheritance.
You can file a partition suit seeking your legitimate share in the properties with separate possession.
She cannot stop you from claiming your rights in the property.
The transfer of revenue records or mutation of properties from your father's name to his legal heirs name can also be done, but it is not only the duty of your mother, you also can initiate this process.
Instead of taking a long route of transferring the revenue records on all names, you better file a partition suit and get your share of property alone transferred to your name subsequently.
The income tax return of the deceased can be filed by his legal representatives for that assessment year alone and not continuously every year.
How can a dead person earn income ?
You first of all go through the contents of the information you came across and interpret the correct meaning instead of incorrectly concluding on your own.
Under the customary Muslim law, a person cannot bequeath more than one-third of his property by will. The remaining 2/3 share should be made available for distribution amongst the heirs.
Under the Muslim Personal Law, a Muslim testator can make a Will orally or in writing and no form is required for such writing. However, it is preferable to have a written Will. If the Will is in writing it need not be attested. It may be noted that the provisions of the Indian Succession Act do not generally apply to a Muslim testator unless specifically stated in the Act.
After the death of a Muslim, his properties are utilised for the payment of funeral expenses, debts and the legacies i.e. wills, if any. After these payments, the remaining property is called heritable property. Upon the death of a Muslim, if his heirs include also the females then, male and female heirs inherit the properties simultaneously. Males have no preferential right of inheritance over the females, but normally the share of a male is double the share of a female.
On father demise your mother, you and your siblings are become legal heirs of property. The wife is allowed to inherit a fixed share from the property of the husband which is 1/8 th of the total share. If the deceased had left behind son(s) and daughter(s), then, the daughters cease to be sharers and become residuaries instead, with the residue being so distributed as to ensure that each son gets double of what each daughter gets.
For getting your share file suit for partition for division of property by metes and bounds
Filing IT return is not a crime . It may be submitted as per the status of legal heir.Check this in IT returns details.
If the dead person has received income in the year it's legal to file IT in his name till the same is Trasnsfrerd to living heir
I T Returns cannot be filed for a deceased person.
1. Dear you should file partition suit to claim rightful share from properties of father.
2. If your mother is claiming that your father have given her the properties by will even then she will get 1/3 share from total property because under muslim laws a Muslim can will only 1/3 of his properties.
3. You will get maximum shares from property as per muslim laws.
4. Your mother is commiting crime by filing returns on name of your father as deceased person cannot earn any money.
Hello,
No you CANNOT file a income tax return of a dead person , it is a criminal offence.
Regards
Dear Sir,
After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir.
So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four.
We suggest you that through a lawyer prepare the family settlement agreement/ partition deed, wherein you define your share/ percentage and get the same registered before sub registrar .Incase of any dispute then you will have to file a partition suit and this will take a longer period of time
Both the procedure can be done during the lifetime of your mother.
However your father died with a Will and your mother is the owner by virtue of Will, then your mother can execute a Will during her lifetime diving the share equally amongst all sibling. This Will becomes operative after death of your mother
As I had informed in my questions the commercial complex of my Father is 90% portion given for Rentals( where all is been taken by my mother since more than 7 years(when my dad got stroke and he was bed lived until he passed away 2 years ago) and 10% portion is where my office/small retail store is running from past 12 years (*which was actually a Garage for this commercial complex, I spent my own money in renovating and extending a bit more and also made mezzanine(**My Father had given me this place to run my retail business as I was actually given 50% protion in 1st floor of commercial complex earlier, later there were lot of pressure from my mother /father/2 sister that I dont pay rent and I should vacate this unit and shift to Garage which small space (10% portion(as mentioned in 3rd line in above paragraph). This commercial complex has 2 gates (#1 gate is to my office/small retail store ) other gate #2 goes for 90% (GF,FF,SF= Rentals). since 12 years NONE of MY Family stepped inside gate #1 ( My Late Father/Mother/2 Sisters/my both Brother in Laws). Isnt this strange? When asked to my Sisters A+B, my 2 Bother in Laws, My Mother until last month? I have been informed by all of them that this is my Protion(10% ONLY) of my Property Share, and the rest 90% is NOT FOR ME, and its all their share? Is this TURE?? Since waiting with hope (from past 2 years from the date of my Father death)for my share in property as single son, I asked my mother last week to make WILL and mention the same and give me rental from 90% portion as she has let out for Rent,??? her ANSWER was if I approach court for my share, I will be kicked off legally by their Lawyers from my retail store premises ,as they have scared me that I will loose my business premises and will not let me enter my Father Commerical Complex? if I send them Legal Notice for my Share Partition. Now My Siter(B) also is now with my mother side..... What Do I Do Now Please Suggest?
Asked 4 years ago
You have equal share in property standing in name of deceased father
2) you can file suit for partition for division of property by metes and bounds
3) seek orders to direct mother to deposit rentals in court
4) seek injunction restraining sale of property by your mother and siblings
You need to send them legal notice and file suit for partition no other legal way
File a suit for partition
You have inheirted more than mother and sisters. Cannot be ousted from the building and claim more share. Mother threat is bogus.
File partition suit and declaration. Interim releif will grant by court and equal distribution of rent income as per inheritance.
You have not consulted any lawyer from your side so far hence you are so much worried about the threats and stunts those people pose against yor claim.
If this property was in your deceased father's name then you are entitled to an equal share along with your mother and sisters including the rental income.
You were advised to file a partition suit and seek your share in the property with separate possession.
Your people's threats that their lawyer will kick you out of the present space occupied by you is a gimmick, no lawyer has got any right to do so.
So, you contact a lawyer immediately and file the partition suit as suggested and also for other reliefs including an order of injunction against the defendants restraining them from evicting you from your premise and also from alienating or encumbering the rest of the property in any manner till the disposal of the main suit.
- File a suit for Declaration , partition with an application for Injunction as i mentioned above for getting your share in whole properties and the rent .
1. After the demise of your father, his widow and children have succeeded to his property.
2. According to Muslim law, the share of a male is double that of the female.
3. A Muslim cannot bequeath more than one third of his total property.
4. The share of a widow is one-eighth in her husbands property when she has children, whereas her share is one-fourth share when no child is born out of the wedlock.
5. You are free to file a suit for partition to cull out your lawful share in the property of your father.
1. No crime has been committed by not transferring the property.
2. The rental income has to be apportioned between all legal heirs.
3. Mutation can be applied to be set aside if your mother did not mention the names of all legal heirs.
The property is a self acquired property taht belonged to your father. After him the property belongs to your mother and her children. She cannot unilaterally decide to take and spend as she pleases. You should immediately file a partition suit in the civil court. All your shares have been defined under the sharia law as per either the shia or sunni law.
She cannot divide the property as per her own whims and fancies. The Islamic law is very clear on that. Therefore file a partition suit.
ITR cannot be filed on a dead person's name. As she is having full control over everything file a complaint in the IT department. Also obtain a death certificate feom the municipal corporation.
you should file a partition suit against them and a suit for permanent injunction against them wrt your property. In islamic law you cannot give away everything as each and every individual's share is fixed.
Also a complaint must be filed with the rent controller that she is taking rent in the name of your deceased father.