property dispute
Akhtar Sheikh
(Querist) 12 July 2010
This query is : Resolved
Dear Sir,
I a 44 years muslim from Goa. working in Gulf.
my father died 8 years ago. We lived and still in our LATE grandfather (my father's father) house for over 55 years. the house is worth 1 crore.70lacs. My grandther had 5 sons & 2 daughters. All 5 sons and 01 daughter have died. Grandfather did not make any will.
Now the grandchildren ( uncle son's & aunty son) are asking us to vacate the house as they want to sell and take their shares which they say the money will be equally shared for amongl the 5 sons + 2 daughters. My aunty's sons and uncle sons (my cousins) are threatning by saying if we do not agree to sell the house they all will come and live in the same house in the same rooms which is in our possesion for over 55 years.
We do not want to move or sell. In this case can the cousins ( my uncle & aunty's children ) force us to move or enter into the house and begin to live in our rooms forcibly.
What is our right.
My mother is now 70 years old threatned by my cousins everyday . Can they threatened her.
If we are ready to sell what % of the share we must demand ?
Most importantly, can anyone force us to agree for sell ? What is our right now on that house.
I gave them an option that I will buy the house and give each one of them 12 lacs each. they do not agree to this.
Please advise. PLEASE HELP
With best personal regards,
A.Sheikh
Chanchal Nag Chowdhury
(Expert) 13 July 2010
Goa is the only State in India which has introduced a common Civil Code therefore, the Muslim Personal Laws do not apply.
If U do not want to sell, U should be prepared to purchase others' shares. Else, U can go in for Partition of the property.
RE: purchase, U have a right of pre-emption.
