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Question and Answer

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

Reply:
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.

Ibrahim Deshmukh
Legal Consultant
[email protected]
www.law-india.com

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

Reply:
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.

Ibrahim Deshmukh
Legal Consultant
[email protected]
www.law-india.com

Why Us?

  • Advocate Ibrahim Deshmukh has an experience of more than 30 years in the real estate field.
  • Advocate Deshmukh has been providing legal consultancy services to his clients in Panvel, Navi Mumbai, Karjat and Alibag on real estate acquisition and in development of land by local and overseas purchasers.
  • We conduct title verification, and draft loan, leave and license agreements. Advocate Ibrahim Deshmukh has experience with leading developers in construction contracts including bidding documents, agreements with sub-contractors, leasing & renting of equipment. Besides this, we undertake:
    - Matters related to 7/12 extracts of plots and farm lands in Maharashtra Maharera cases of flat buyers as well as the developers Drafting of leave and license agreements.
    - Formation of Cooperative Housing Societies and matters related to management and members disputes
    - Guiding clients through the regulations governing the acquisition and sale of property particularly farm land and building and bungalow plots particularly in Maharashtra Real Estate litigations Matters related to arbitration cases including Waqf Tribunal Aurangabad cases Family partition disputes of Sunni and Shia Muslims matters of Civil, Criminal, Matrimonial disputes cases of leave and license agreements
  • Advocate Deshmukh is the former President of Indian Lawyers Association in Kuwait and along with his associates, he has helped many poor Indian expats through the Indian embassy in Kuwait.
  • We regularly handle tribunal cases in Dubai.
  • We have won multi-million dollar cases against "United Kingdom's largest engineering consultancy firm".
  • Business litigation and international arbitration is another one of our strong points
  • We are well-versed with real estate laws and regulations of MahaRERA of Maharashtra as well as RERA Dubai. We also provide advise on legal matters associated with Real estate investments such as Compensation related to delay in possession, Payment refund related to non-deliverance or post agreement modifications.
  • We specialize in formulating Agreement to sale, Sale Deeds, Transfer of an interest in land or property by way of gift, exchange, release, conveyance, assignment and mortgage.
  • We have extensive experience when it comes to Muslim Personal Laws and laws related to Muslim inheritance of property by Indian residents as well as NRIs and POIs.
  • Reasonable fees
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