• Muslim property share between siblings

As iam the only girl in my family with 4 brothers,i have faced a problem in property sharing.So i need you to resolve my problem and what steps i can take legally as all of my 4 brothers including myself are married and we are having children also.
The property(house) is recently sold for 28lac.As the property is on the name of mother.I need a justice for my problem that my brothers are putting pressure on me that they are offering gift of 2 lac.If you accept you can take otherwise they are saying you can approach court.
My mother is ill.Her state of mind is not good.In this period of time they forcefully made my mother to sign the share between my brothers exempting me in a bond paper legally.
So in this regard i hope a justice for my share.
Asked 8 years ago in Property Law
Religion: Muslim

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8 Answers

1.Your share half to waht your brothers are entiled to .

2.In that respect the value of your share is moe than 2 lakh.

3.So if you do not wish to receive that amount you can file suit for partition to claim your due sahre and seek injunction so your sahre may not be transferred in the meantime.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Under Muslim law you are entitled to share that is half of your brother's share. So the share when quantified to money comes out to be more than 2 lakhs for sure which your brothers are offering you.

2. You can reject the offer made by your brothers and file a suit for partition to cull out your share. The court will order division of the properties.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

If the property has been sold without your consent then you may file a suit for declaration of the sale deed as illegal and partition suit to cull out your share.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1) file suit to set aside sale of house by your mother

2) rely upon mother medical reports that prove mother is suffering from mental illness

3) if your mother was of sound mind she is at liberty to sell the house .

4) in such a case you would not have any share in property

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

during mother lifetime you have no share in her property

2) only if your mother died intestate would you have share in property

3) if your mother has signed the with drawal forms then your brothers can with draw sale proceeds from the bank

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

the issue is whether your mother is of sound mind or not

2) if she is of sound mind you have no share in property

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

My mother is ill.Her state of mind is not good.In this period of time they forcefully made my mother to sign the share between my brothers exempting me in a bond paper legally.

So in this regard i hope a justice for my share.

Your mother's property cannot be shared by your brothers during her lifetime.

If you come across such a circumstance, you may file an injunction suit restraining your brothers from sharing the property forcing your mother to give away her properties to them especially when she is ill and cannot take any decision on this.

This injunction suit will make your brothers to come down for negotiation after which you can dominate to get your respective share.

You can prove her ill health by attaching the medical documents to establish your cause of action.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

In this regard whether i can legally move on them even after the money distributed among themselves with out my consideration

Otherwise before the distribution itself i have to move legally .Please answer in this regard also.

They are also saying that as per muslim law a married sister can't have the right in the property of her mother. Is this right one or fake.If it is not true then how much can i expect from my mother property what she have sold for 28 lac.

If this property was your mother's own property and she given her consent to them for selling the property, you cannot do anything about it since your mother is living.

However if you can prove that your mother's consent could not have been obtained owing to her mental ill-health, you have chances to get some share for you.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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