Legal Question in Wills and Trusts in India

My aunt aged about 70 yrs, a Muslim widow and issueless. Her father in law made a registered partition deed in 1937 for his 3 sons younger son is my aunt husband. No one got the property divided or transferred to their name. In 1992 my uncle passed away, after that my aunt submitted an affidavit to the local court stating that the one share of the property to be transfer to her name since she is the only legal heir after her husband�s death. The court forwards the copy to the local municipality and they divided the property from 80x100 to 40x100 and issued the khata copy in my aunt�s name.
I want to know whether my aunt is the absolute legal owner of the property which is in her name (40x100) or not. Right now she has kept only 1000 sq. ft. for herself and remaining 3000 sq. ft. she has given it to her husband relatives
Whether she being a Muslim, mohammedan law will apply here. Please let me know at the earliest.
Asif Ummer
9845835511

Asked on 7/25/13, 11:03 pm

Fca Prashant Chavan Expert Edge LLP

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26.07.2013

Dear Asif,

Yes, your aunty is the absolute legal owner of the 1/3rd share which her late husband has inherited. The Mohammedan Ulema law will apply.

Regards,

Answered on 7/25/13, 11:20 pm

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