Property Inheritance
8 months ago
Hello.
My name is AbuSufyan Mohammad Ayub, an Indian Muslim Inhabitant and son of deceased Mr. Mohammad Ayub.
I want to ask if my aunt (my father's full sister) can claim her sole rights to my father's property along with her possession in that flat/apartment or is it me who has the complete rights to his property being his only son? My mom was divorced 21 years ago when i was just 6-7 years old and since my father died in the year 2001, she has been in the possession of that flat since my father died and now claims she is the legal heir even though she married once and got divorced then married for the second time now.
We have filed a case in the civil court following threats from them when we refused to sign the transfer order for the flat.
Do i have the right to the property?
The Muslim law of inheritance does not create any distinction between the rights of men and women. On the death of their ancestor, nothing can prevent both girl and boy child from becoming the legal heirs of the inheritable property. . As per the Muslim law of inheritance that recognizes two types of heirs, firstly, sharers, the ones who are entitled to a certain share in the deceased's property, and secondly, Residuaries, the ones who would take up the share in the property that is left over after the sharers have taken their part or share of the property. Under Muslim Law, illegitimate children are not entitled to inheritance. However, it is generally found that the quantum of the share of a female heir is half of that of the male heirs. The property of a deceased Muslim is divided as under - A surviving wife receives one-eighth of the assets if she has children. The deceased person’s mother and father will receive one-sixth of a share each. If the deceased person has children, the remaining shares will go to the children in a 2:1 ratio for sons and daughters. In view of the above-stated provision of governing law, you are entitled to share in the property. When you have already filed a suit in the Civil Court, you need to wait for a final order of the Court.
The son is treated as a Class I heir of his father's property. You have a legal right over your father's ancestral property. You also have an equal share in his father's self-acquired property if the father dies intestate.
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