Property dispute

Question

► Respect sir, I'm Taj Parveen Ansari ... After my dad's death in 2008 his property was divided into our brothers n sisters but after 10yrs my brother's started selling their property without our two sisters concern.., my three brothers sold their share to some promoter then only me my sister n my mother share was left but after 3years again all my three brothers sold my mother's property to the same promoter but this time they had some memorandum of understanding that they have registered my mother's property in promoters name so that in future if anything happens after my mother's death me n my sister cannot claim for the share Still all my brothers never informed me Now the main point .... the promoter had some term n conditions that first they register his name then he will develop the property without any payment it was understanding between them .... And we sisters won't be able claim in future... Still we never said anything ... But now we want to sell my property no one is getting ready because of undivided property n my brother all enjoying the money... But now the promotor n my brother had some arguments or conflict This time again they filled the case against the promoter but me n my sister are helpless can't we sell our property nor file case against my brother for undivided property because of financial crises We are trapped totally plz help🙏

Answer 1

Dear Client,
As you are ruled under the Muslim Personal Law (Shariat) Application Act, 1937.
When your father died in 2008, his property automatically devolved on all legal heirs; shares became fixed immediately. Therefore, after your father's demise, you, your sister, your brothers, and your mother each acquire definite legal shares in the property. Your brothers were legally entitled to sell only their respective shares.

Since the property is presently undivided, you are legally entitled to file a civil suit for partition.
For any further legal guidance, feel free to connect with OLQ team .

Answer 2

Dear client,

Your brothers cannot legally transfer your or your mom's portion of the estate. If your dad passed in 2008 without leaving behind a will, you and your mom inherited exactly 50% each of that estate according to law. Therefore, your brothers do not have the right to sell your mother's part of the estate without her approval or by utilizing a valid Power of Attorney.

If your brothers have already sold mom's portion of the estate without either consent or a executed Power of Attorney, then that sale is void and able to be challenged. An agreement reached by any of the parties involved in those sales will not be enforceable and cannot take away from your individual rights as an heir as a result of your father's death.

Because the property is co-owned by all parties listed above, you and your sister can pursue a partition lawsuit against your brothers, and you can also ask to void any illegal deed of sale related to that portion of the estate. The Transfer of Property Act of 1882, Section 44 states that Co-owners are limited to transferring their respective share of the co-ownership.

You may receive legal assistance free of charge through the District Legal Services Authority (DLSA) if you cannot afford to pay a retainer

if you have any querier please feel free to contact us.

Property dispute

2 Answers