J.M. Athavur Rahman
in Family Law Property Law Civil Law
Asked August 10, 2017

Obligation to share property with sister when case has been fought and won by brother after all efforts

  • 2 Answers
  • 79 Views

A Mohammedan property which is in dispute has not been registered in the hibba which is split between a son and a daughter. The son being a advocate himself files a restoration petition and wins the suit property which was a pending suit and not been mentioned in the hibba. Should the son give equal share to his sister also after putting such hard work to solve the dispute and get back the property? What is the relief of the work that the male heir has done?

Answers 2

Obviously after introduction of spl marriages Act, properties Act also faced so many changes, but when the state makes amendments in your personal laws, like in hindu marriages act in 2005, it is obvious personal laws of any is no consequence is obvious fact, any way sister now has to be entitled to equal share - of property , no point talking on mohamedan law ad the like - as personal laws are no more anything consequential, when overnment interferes in personal law as they are the Lord chief justice in heaven. 

Agree Comment 0 Agrees 2 months ago

If the sister has a legal right over property under law then she has full right to take the property from you. It doesn't matter who fought the case. You may demand them to share the costs involved in fighting the case but expecting them to leave the right over property doesn't seem valid.

Agree Comment 0 Agrees about 1 month ago

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