Legal Question in Family Law in India

Please advice according to Muslim Law, India.

My Grandmother has two sons and a daughter.

My Grandmother gifted her house (290 Sq Yds) between her two sons and a single daughter in the year 2000 through gift deed.

She died in the year 2005, My father died in 2008.

She divided the house as follows:

135 Squared Yards: My uncle

85 Square Yards : My dad

40 Square Yards : My Aunty

20 Square Yards: For her (undivided)

10 Square Yards: Common Passage

Now my uncle given me an offer and my aunt do not have any objection.

20 Square Yards: (undivided) : to me

(10 Square Yards Common Passage) + (4 Sq. Yards of my house) = 14 Sq. Yds : to him

But I said I will take 20 Sq. Yds (undivided) and want to give common passage 10 Sq Yds. to him, they are not ready to do so. (anyway I will get a share of 4 Sq yds from undivided 20 Sq yds)

So, they are forcing me to close the doors from common passage to occupy it because I have other doors apart from common passage.

Can I go to Court for justice as my father did not received appropriate share from her mother.


Asked on 3/07/10, 9:16 pm

1 Answer from Attorneys

G. M. Gupta gmguptaandassociates

u can move to court for present dispute and not for the old one. though u can move for old dispute also but u will not gain from it. your present issues can be sorted out or the whole property can be divided again.

good luck

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Answered on 3/08/10, 8:25 pm


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