Regarding land & house distribution
syed
(Querist) 27 February 2013
This query is : Resolved
We are five brothers and two sisters living in guntakal town, andhra pradesh. My father worked in Indian railways and passed away in the year 2001 leaving my mother to whom we have taken care each other. First we all lived together in our own house, constructed by my father. slowly my brothers and sisters are get married. After that my first and second brother divided from us. They are not living with us. At that time i am only 20 years old lived with my mother along with my fourth bother and his family. With his intelligence my third brother occupied the last portion of our house until now he stayed there only. My second brother who is in charge of all of us after our father passed away, separates our fourth brother from us in the same house.
Now after a long gap my first brother re-enter in to the house and want his share by force torturing my old mother at home. since the house is in my fathers name and he is no more as we have another land in the same town and 2.5 acre of agriculture land in guntur district. Since i am working in university of Oman not staying in India, my mother stayed with his first daughter who is physically handicap and mentally retarded as my another sister is married to police who has two sons lived in other town.
Since i am not there my first brother is occupying the house leaving my mother in small block, thrown all my valuable things and materials outside as my fourth brother and my mother keep the things in side their blocks. As the house is divided in to four blocks, each one for my first, third and fourth brother taken and one block for my mother. My second said he don't want any block there leaving no house/block to me. I ask to my brother he said the mothers block is for you as mother can stay any of their sons house. But I want to have a block to my mother and to me as my wife and my daughter stays back at home.
My questions is to you sir is how can we divide the house and land property so that every body can get equal share. Please tell me sir what I have to do to regain a house to my mother and me."
your cooperation is highly appreciated.
thanks and regards
syed md shavalliuddin
DILIP KUMAR AAGARWAL
(Expert) 28 February 2013
you five brother,two sisiter and your mother has equal share in the property of your late father.you can amicably distribute the proptery into eight unit. if your maarried daughter does want the sahre then they can gift or sell their share to anyone.if your sister gift or sell their share to your mother then your mother entiled for 3/8th share and one you have one share so you can claim 50% of entire proptery. if you amicably settle amicable 50%of property else you can file partition suit.if you like to consult me you can do with certain terms and condition.9747380665
prabhakar singh
(Expert) 02 March 2013
Mr. DILIP KUMAR AAGARWAL seems to have guided you very aptly.
syed
(Querist) 02 March 2013
Dear sir
thank you for your valuable suggestion i hope when i arrived in India, i will deal the case smoothly.
Your cooperation is highly appreciated.
Thanks & Kind Regards
Syed Md Shavalliuddin
M V Gupta
(Expert) 03 March 2013
I beg to differ from the views of Mr. Agarwal. As per Islamic law of succession, ur mother is entitled to only 1/8th share. the balance 7/8 th share should be distributed amongst sons and daughters in the proportion of 2:1. I.E., sons get two shares each and daughters get one share each. Thus five of u together get 10 shares out of 7/8 remainder, and sisters together get one share each in the 7/8. Each son thus is entitled to 7/8x2/12 AND each daughter gets 7/8x1/12.
