Mohamed Rafeek Nawas Khan
in Property Law Civil Law
Asked September 17, 2017

Negotiation process for settling partition

  • 1 Answer

Hello, This is Mohamed Rafeek(muslim). My father was 7th child with 4 sisters(3 alive)&3 brothers. There is one house available for all of them&it was once partitioned to the 4 men. 3 sisters have already signed on partition document except one sister(she is alive) whose son is seeking money from my father for his mom(my father's sister) to sign for partition. this is not main problem. My father was trying to settle amount&get whole property to him for the last 25 years. On every attempt any one of relatives would make some issue or his brothers would ask more money than market value. But this time my father's younger brother agreed for minimal payment to release his share for the house. According to our agreement We paid 1lakh as advance&rest amount would be 5.5lakh will be paid within 6 months. Main problem is remaining 2elder brothers demanding more money than selling amount of the house or they will file case against my father. What can we do for this situation?

Answer 1

As per the Muslim Sharia Laws, any heir to an ancestral property acquires right in a property only after the death of the owner of such property. The legal heirs include both male and female members. In case of death of an heir before the death of the owner, the Doctrine of representation is to be followed. Doctrine of representation states that if during the lifetime of an ancestor, any of his or her legal heirs die, but the latter’s heirs still survive, then such heirs shall become entitled to a share in the property as now they shall be representing their immediate generation. Since you have legal backing, you should move to the court for relief and to realise your rights in the property.

Agree Comment 0 Agrees almost 4 years ago

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