Our father expired around 1980 intestate, leaving behind our mother, three sons and three daughters including myself. Subsequent to the death of our father, a succession was made. Till date no inheritance has been distributed among ourselves. My elder brothers are enjoying the benefits derived out of the assets and are now making excuses and delaying the distribution. They are not sharing any details of the assets and are ill-treating us including our mother. Please advice my options including a legal notice / letter of request to the brothers.
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1) issue legal notice to brother to claim share of the legal heirs as per muslim personal law
2) if brother refuses to give share file suit for partition for division of properties by metes and bounds
3) seek injunction restraining brother from selling the properties standing in name of deceased father
Since this property belonged to your father, after his death it devolves on his legal heirs as per the shariat laws.
You, in the capacity of one among the successors in interest, are entitled to a legitimate share in the property as a right.
If your brother is not listening to the genuine requests made by you to partition the property and allot you your respective share in the property with separate possession, you may aproach court of law with a partition suit seeking the above said reliefs.
