Q: Good Morning. I have query regarding property inheritance of Indian woman who lived in family owned house for 25yrs ?
Am a Muslim female from Kerala.I am living in a house for more than 25yrs which is owned by my late father who passed away 20yrs ago.
Till date I hv been living here & maintaining this house, I constructed the 2nd floor (1000sqft) & also extended the kitchen (600sqft) plus I take care of the land surrounding the house (23500sqft) & all this, I did it at my own expense,moreover, I haven’t earned or made any money utilising this property till date.
The House+Land is still under my late fathers name. We are 4 siblings & now we are planning to do the partition among us.
So my question is, who gets to keep the house (excluding the land around) ?
What I mean is, do I have any right legally to keep the house for myself without it being included in the partition since I have spent almost all my effort and money into this house (also am a widow since 4 yrs) ? And if the answer is NO,what else can I do ?
Can you explain both the Indian and Islamic Law in regards to my situation ?
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A: If you are in the USA then most likely the heirs of your Father own the real property. If there is a Partition Action filed, then usually there will be distribution of the net proceeds according to each tenant in common's interest. You might ask the Court to compensate you for your contributions, but you may not be successful. Whatever State's Statutes where the land lies controls. Recording an Affidavit of Heirship might establish a source of Title.
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