Right of partition in minor property
R.KARTHICKEYAN
(Querist) 28 January 2016
This query is : Resolved
there is two brothers and three sisters of one muslim father, the father by his own earnings in foreign and sum joint family fund purchased a property in the name of his first son in 1975, when he was a minor, now the property is empty land without any construction . the father also died. the patta also in the name of first son.the another four are demand partition of the property but the first son said it is my own property, no one claim any right and avoid the partition. the question is that whether there is any legal right to the another fours in the property?
dr g balakrishnan
(Expert) 28 January 2016
you have to go by islamic law as you all belong to islam, unless you people opt for normal property laws, ...
Rajendra K Goyal
(Expert) 29 January 2016
The property is in the name of one brother now he is owner of it, claim of others have little merit.
P. Venu
(Expert) 29 January 2016
The other siblings can take their chances by filing a partition suit.
Kumar Doab
(Expert) 29 January 2016
You have posted that:
"the father by his own earnings in foreign and sum joint family fund purchased a property in the name of his first son in 1975, when he was a minor"
The father had full liberty and discretion to pass on his self earned income and his share from ancestral property to either of his sons/daughters.
However you may show all docs on record to an able counsel.
