Stepbrothers quarrel on property share
I am sending this question on behalf of my brother.
I have a question related to property distribution among muslim brothers (stepbros).
A) Inherited from grandparents: all at our hometown
1. One garden
3. Some houses(almost every house is above 1 guntha)
B) Property of my Dad
1. Two houses in pune
2. Houses in hometown(U.P.) with open space
We are 4 brothers and 3 sisters
We sisters don’t have any issue related to property; and we don’t want any share.
Here the main problem is all three elder brothers.
Me and my brother are borne and bought up in pune. Here, my dad have two houses; about which he always said that ‘it is my property for only my children in pune. There wont be any share of those who are from other wife in village.’ Coz, the property in pune is not much big one which will be of crores. Its just two houses worth Rs. ~15 lakh each.
My brother(who is the youngest one among all brothers) haven’t taken any share in the
property which is there in our village. Now my brother have purchased one flat out of his own earnings. And we are about to shift there. But before getting shifted to our flat we want to sell this one house in which we are residing since our birth. The house is occupied with the eldest stepbrother even if he was not allowed to do so by my dad. My dad always forbidden him to occupy that house still he fought with my dad and forcibly residing in that house. He always fought with my dad they will take the share in property of village and here too in pune. They are so cruel and inhuman and play politics very nicely (Illiterate and uneducated and very jungli).
And i am dam sure that this elder bro and specially his greedy wife will not let us sell this house. And they will quarrel with us very unmannerly.
My brother said, we will not fight and will leave the house open behind. Let them take that house too. We are not dependent that we cant earn. So i will work hard and will create property of my own. I am not greedy and worried about property.
I (sister) don’t want to leave this house too. Otherwise people will laugh on us that these siblings are so foolish and idiot and have no guts to take own right. So I don’t want this house to leave as other property. I want to sell this house. This house is our right. Leaving own right with the fear of quarrel is not a gud idea.
When our grandones fought with those duffer angrej for independent India which was our right and duty to fight for right why cant we in this time fight with the internal enemy. There has always been struggle for existence and fight for right which makes us human. So i don’t want my brother to leave this house behind. Let it Rs. 1 but that rupee is our right.
I hope You lawyers understand my query.
Kindly guide me with different sections under property act when one stepbrother prohibits to take property share to other one.