Inheritance of paternal (father's) property

israr (Querist) 20 April 2014 This query is : Resolved
Dear Sir,
I would appreciate your legal advice for the following,
I am the eldest son from a family of eight children "six brothers and two sisters , all married and settled"
I had a small piece of property of my own which I sold and I have been able to sustain myself and my family well.
My father owned an estate and gifted (Hiba ,registered)it to his seven children ie. my five brothers and two sisters without my knowledge.But when the fact was known to me I confronted him and the answer is that'You will have your share in the family house',which is not as justified as the other 7 too will have an equal share in the house and the estate holds a long term benefit.
My brothers are negotiating with developers without my knowledge. A few questions for which I need your Advice,
1.Under Islamic Sharia law can any one exclude their children at will from the property?
2.Is it possible to take a Stay Order from the High Court?
3. Can the developer be stopped from further negotiations citing reasons that all the family members are not in the will and it is illegal to do any Clandestine dealings .
4.Is it important for the developer to get a N O C from me?
5.What sort of legal action is advised for the above problem ?

Follow Query

Report Abuse

ajay sethi (Expert) 20 April 2014
hiba is an obligation by which property in a specific object is transferred immediately and unconditionally without any exchange and free from any pious or religious purpose on the part of the donor.
1)Muslim can dispose of only one-third of his property by a will. On the other hand, muslim law confer full power of disposing of one’s own property by gift

2) no stay would be granted
3) developer does not need NOC from you .