My brother and I are two sons, along with five sisters, in a Muslim family. Our father owned land in his village in Uttar Pradesh. The land records, written in Hindi, list both my brother and me as “Khatedar ka naam” and our father as “Sanrakshak ka naam”. Sadly, our father passed away in 1999 without leaving a will. We’re uncertain about the following:
1. Do only my brother and I have rights to this land, or do our sisters also have a share?
2. If our sisters are entitled to a share, what percentage would each receive?
3. Would we need our sisters’ consent to sell the land?
Best Answer
Under the Muslim Personal Law (Shariat) Application Act, 1937, your sisters are entitled to a share of the land. The share will be divided equally amongst all legal heirs, including your brother, you, and your five sisters. Yes, you would need your sisters’ consent to sell the land.
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