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Indian Law/regarding grandfather property


My grandfather has 2 properties,1 house and 4 sons snd 6 daughters.
My father is the eldest one among all. But those 3 brothers of my father are hesitating me to give property. My father has kept a proposal that 1 property has to be dividrd among sisters and 1 property among brothers and house also my father  and any one brother. But they are objecting that yhey need all property and no property belongs to me and my father. I want to know sir, to how much extent it is possible. I am the eldest grand son of my grand father. My grand father expired on 1996. Please help sir.

Dear Irfan Basha,

The rights of the successors is under the Muslim inheritance and succession as per Shariat.  If there is any understanding reached between the siblings as per their will and wish to settle the issues amicably, the dispute need not to go into the court.

In the context of your query, the properties belonging and in the name of your grandfather, any of the beneficiary including you, can approach the court for partition and separate possession by metes and bounds in respect of the properties held in the name of your grandfather.  Upon filing of the suit, an application may be moved to seek restraint / injunction against the defendants in the suit not to change the nature of the properties and not to alienate the properties.  Your father and his other brothers entitlement under the Shariat will be two shares and that of their sisters at one share.

A good lawyer on civil side will be best able to guide and assist you in this matter.

All the best

Javed Razack  

Indian Law

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Javed Razack


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