Right of married daughter in the property as per Muslim law
I am a muslim. My father died few years ago. We are 2 brothers and 3 sisters. After my father's demise one of my sisters is charging me to sell our house and telling if I don't do so I have to give money as per the recent valuation of our house. Nobody is willing to give her a part as money or anything including my mother. We are telling her you can stay in our house but how can you demand money of that house where we are staying. She is married and having good life with her husband and two sons. She is also telling if i don't give her part as money her son will fight with my son in future. What shall I do obeying muslim law?
Sir, Islamic Law is not codified in India. But if you look up the chapter of Succession
under Mohammedan Law,you will find that a daughter whether married or not, has
an absolute right to claim her share of the deceased father’s property, which under
Shari’a is exactly half of the male successors share. However she cannot demand
money in lieu of the property, it has no legal base. Your sister must institute a suit for
partition of the property under Order 7 of the Code of Civil Procedure, 1908, if she
wants to avail her share.
Your sister being legal heir is entitled to have equal share in the property and marriage does not change her right. You or anybody cannot deny her legal right. Your sister can file suit for partition in order to claim her share.
Book a phone consultation with a top-rated lawyer on Lawfarm.