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I am sunni Muslim and my father died recently, leaving behind my mother and also my step-mother. My mother (first wife) has 3 sons (including me) and one daughter. And my step mother has only one son.
My father has left 6 lakhs fixed deposits in bank and one ancestral house and a shop, which is on rent. How will be distribution as per Muslim law.
Please guide. -- Mohd Ameer, Thane
As per Muslim personal law and Islamic inheritance, First about bank fixed deposit of Rs 6 Lakhs. Your each mothers will get Rs 37,500/=
Your sister will get Rs 58,333/= and each of your brothers will get 1,16,667/= .
Same way other properties will get distribution.
But for Bank deposits you will need to obtain a succession certificate / Letter of Administration.
My uncle and cousins (sons of another uncle) both have quietly partitioned our ancestral land in village and got their names entered in 7/12 extract whereas my father and one more uncle also have their ancestral rights in the farm land. How can we do mutation entery of our names also in the same land ? They are not ready to come forward for any paper work or signatures and quietly enjoying the property. -- Krishna Kumar, Vasai, Thane
The Land Revenue Dept’s Mutation entry is only for land tax purposes. The entries in the revenue records are basically for the revenue purpose and do not by themselves constitute title to the property in favour of any person. Such entries can undoubtedly be corroborative piece of evidence to establish certain rights of the parties in relation to the property but they themselves cannot create any title in favour of any person in relation to immovable property.
You need to file civil suit for partition with declaratory reliefs.
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