• Grand father property issue

Dear sir , my father has 5 son 4 daughter .property is not divided .  i am elser son .in fathers bulding i have 1 shop . my 4 brothers asking share in my income .and they are not giving  share in fathers property . what should i do
Asked 2 years ago in Property Law from Sindhnur, Karnataka
Religion: Muslim
Hi, you need not give any share in the income derived from the property, if they want to share they have to file a suit for partition then  all of you get equal share in the property.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1) don't give them any share in your shop income 

2) let them move court if they are aggrieved 

3) best option is to enter into deed of family settlement with your siblings for property standing in your deceased father name 
Ajay Sethi
Advocate, Mumbai
46766 Answers
2767 Consultations

5.0 on 5.0

You are silent on whether your father is dead or alive. If he's dead then it would be better if you mutually settle among yourselves all his properties. Else a suit for partition in a court of law would solve the problem.
Devajyoti Barman
Advocate, Kolkata
13143 Answers
175 Consultations

5.0 on 5.0

If it your father's self acquired property?
Is your father alive now?
If yes for above both, then nobody can claim a share i the property legally.
However if yes for 1 and no for two, then the properties shall b intestate and devolve equally on all the legal heirs therefore you can file a partition suit and seek separate possession of your legitimate share if your brothers refuse to give your share in an amicable manner.
T Kalaiselvan
Advocate, Vellore
36925 Answers
403 Consultations

5.0 on 5.0

1) You are not obligated under law to share the profit from your business. If the shop where you are running the business belongs to your father, he can demand a rent from you.

2) If the property in question is self earned property of your father none of the children have any right in the property per se until he dies or if chooses he can make a will and bequeath the property to anyone of his choice.
S J Mathew
Advocate, Mumbai
2264 Answers
110 Consultations

5.0 on 5.0

1. Is your father alive? If yes, then your brothers can not ask any share from your income from your shop located in your father's property,

2. If he is alive ask him to execute and register a gift deed for the shop in your favour or execute and register a settlement deed giving the said shop to you,

3. if he is not alive, then file a partition suit seeking partition of the property by metes and bound with the help of the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
18772 Answers
453 Consultations

5.0 on 5.0

IS the shop run by you alone or it is a family business ? If run by you ,no need to give share other wise you have obliged to pay their share. 

Here settle the matter is amicable option. If they need to get their share ,they will suit for partition if the father died intestate with out creating any document with  regards to his properties. 
Ajay N S
Advocate, Ernakulam
2821 Answers
47 Consultations

5.0 on 5.0

If the shop is registered in your name then none of your siblings has a share therein. In so far as your father's property is concerned his wife and all his children have succeeded equally to his property if he passed away without making a will. You are free to file a suit for partition to cull out your share therein. During the lifetime of father none of his heirs has the right to claim a share in his property.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

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