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Arbaaz Khan   04 August 2021

My parents are dead and my brother's are not giving my property share

My parents died 10+ yrs ago and my brother's are not giving my property share whenever i approach them they say will not now..
we were 5 brothers now 4, 1 Fuzal asked for property share was mentally tortured for same reason & he is dead now.

Currently we have 3 sisters all happily married, and we 4 brothers respectively in order

Javed 50yr Married 4 kids 3boys 1girl

Parvez 45yrs Married 2kids girls

(Fuzal Dead)

Sohail 36 yrs Married 1 boy

Junaid 32 yrs Unmarried sick paralyse in tension of property share

Parvez & Sohail are not read to share they want time as their kids are under 10yrs but Junaid want for business now as in 32yrs he never work due to parents support now after parents died no support 10yrs waster was willing to start business but without share not possible got Paralyse in Tension same as Fuzal(dead brother)
and Accord to my age i believe i want my share so that i can also do something for my kids

Plz help me with legal actions steps
Also any lawyer who can solve this for me till end plz approach on WhatsApp 836921206eight


Learning

 7 Replies

Kevin Moses Paul   04 August 2021

As per your query, let me tell you that according Muslim law, inheritance of property in Muslim's comes only after the death of a person.

Therefore, any child born into a Muslim family does not get his right to property merely based upon his birth in the family. Thus, if there's a legal heir living even after the death of the ancestor, he becomes a legal heir and is therefore entitled to a share in the property.

Similarly, in your situation after the death of your parents you all being legal heirs have legally became part of the property. However, since upon marriage, a woman receives "Mehr" and maintenance from husband, as well as inheritance, while a man only has the inherited property, thus in Muslim law it is generally considered that the woman should have a lesser share in the inherited property.

Hence, you all have a legal share in property (equally for son's) while, your sister's shall be awarded with half the share of what you all get on an individual level.

For instance, if you get 500 then your sister will get 250.
In general, share of married daughters is half of what a son (unmarried or married) gets.

Hope It Helps!

Regards
Kevin M. Paul

Arbaaz Khan   05 August 2021

Thank for answer but i believe you didn't understand my question.. Yes we know the law all my brothers also agree to it & we have more better ways of doing it fruitfully but here they deny to do this sharing they just want to keep things as it is pending and let all suffer difficulties & finical issues.. One of my brother died in depression just by been financially tense & they didn't give him his share delayed kept things pending and other recently came back from hospital he is also in almost same condition, now i just want to end this all buy giving share to each individual with all their rights but Parvez and Sohail still want to keep it pending and let 1more brother die so that later only 3 shares 🤦

Kevin Moses Paul   05 August 2021

I understand the concept you're concerned with, in such a case where property shares is denied to you, you're supposed to consult a local lawyer and file a partition suit over the property.

After the partition suit is filed, all the parties would be called up for Mediation purpose to resolve the matter, and in case parties do not abide by mediation resolutions the matter will be passed on to court, where the court will distribute the property among all the legal heirs in an Equal Ratio, such that no issue arises up in future.

So it's better for you to file for a partition suit after getting in touch with a good and knowledgeable civil lawyer.

Hope It Helps!

Regards
Kevin M. Paul

Arbaaz Khan   05 August 2021

Ok right now i got it.. will try finding a civil lawyer and kindly recomend me anyone if in your contact plz Thanks!

P. Venu (Advocate)     05 August 2021

You may file suit for partition.

Kevin Moses Paul   05 August 2021

As per your concern, if your matter is based in Delhi itself, then you can contact me personally on the number given below:-
8810481178 or email me at - advkmpaul3897@gmail.com

Regards
Kevin M. Paul

Arbaaz Khan   06 August 2021

Our residential is Mumbai based we all brothers and sisters + important relatives are present here itself

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