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How much share do I get in my father’s property?

Shivendra Pratap Singh

Advocate

06/10/2021/ 12:21:07 PM

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My father has died but my mother is alive. I have 5 sisters and we have 4 brothers. Among them 2 sisters and 1 brother are below the age of 18. My father had owned 9 acres of land but he died without any will. And my mother owns 1 acre of land. How much share do I get in my father’s property? For Making of EWS certificate who will be included in ‘Family’ (as given in EWS certificate format) and what will be the total land share of that ‘Family’. 

Question from: Bihar

Under the Muslim law, distribution of property can be made in two ways – per capita or per strip distribution. The per capita distribution is prevalent in Sunni law. According to it the legal heirs get equal share in the property of the deceased person.

The per strip distribution method is recognised in the Shia law. According to this method property devolves upon the legal heirs on the per stripe basis and each stripe gets equal share. 

Here I advise as per the Sunni law because majority of population belong to Sunni. Deceased’s parents, wife and children are the legal heirs. So the property will equally devolve upon legal heirs. All will get equal share because Muslim law does not discreminate between the male and female legal heirs. 

Your father has died intestate hence, your mother and siblings are the legal heirs. There are ten members in your family hence each member will get 1/10 share in the property. Therefore, each member will get 0.9 acre land in the inheritance.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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