Rakesh Kumar (Private) 08 January 2015

Family property share issue between brothers

Hi Sir

Need a clarification regarding family property dividend.

We are three brothers and my father married to two wives both are sisters, first wife died when my elder brother was 6 months old and my mother was married in 70’s to my father to look after my brother. We basically from agricultural family and we have 7 acres agriculture land that was our grand fathers property. My elder brother was not educated and failed in 10^th and from then he is taking care our lands. My brother and me studied in rural college and with our own efforts we are now in decent job with decent salary in IT industry though not settled well. My elder brother married and has two kids. I am married and have kid. My younger brother not married.

Now the issues is my elder brother wife threatening us saying they have full rights to claim all land as share than me and my brother as we are my fathers second wife son’s. She says according to law in 70’s only first wife has fully rights to enjoy the all 7 acres land. My father, younger brother and me want to divide the share equally between us. My younger brother and me are ready to give little extra share to my elder brother, as he is not educated but she refused. We are shocked by hearing her statement as we thought property share what we get my father will help us for our future.

Could some one help me to understand the fact according to law. Is that true what my sister-in-law says. Do my brother and me has rights to enjoy our share.

Please help me.

Thanks in Advance

Bala

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4 Replies

Jai Karan Nagwan (consultant) 09 January 2015

You all are equally entitled in property. It's your affection, you are favouring your brother with Lil extra share. He can not do anything legally, if you don't give him extra to that what he is entitled. Above the all, he is your brother, not educated and suffered trauma of her mother loss, yet your mother taken care of him, but could not bring him to the level like you both brothers. It may be his own disability that he could not gain education or was in shock of mothers death. Since you both brothers are educated, settled, IT professional, help your third brother as much as you can. Forget what her wife says, look at your brother and his kids.

Rakesh Kumar (Private) 09 January 2015

Thanks Jai Karan for your reply. Of course we will take care of him unless if they don't try to cheat me and younger brother.

imc 10 January 2015

I will appreciate clarification on distributionof ancestral property rights according to the Muslim Personal Law applicable in India.

My father had several acres of scattered non-agriculatural land in his name through ancestral rights which he could not pass on legally to this seven sons and two daughters according to Muslim Personal Law before he passed away some 30 years ago.

None of my brothers took interest in this property except me and my eldest brother until now, when property prices have heated up in Maharashtra. The reason for this is all of us are well settled and nearing retirement.

In the intereme our mother, three brothers and one sister has passed away without their names being entered on the property after our father's demise.

My question is: do the wife and children of our three deceased brothers anymore have rights to this ancestral property under any applicable laws of India? And, does the spouse and children of our deceased sister also have rights on this land anymore?

A detailed response will be highly appreciated

Jai Karan Nagwan (consultant) 11 January 2015

@ imc: Muslim Law of inheritance is yet unmodified, very complex and testamentary rules are restricted in Muslim Law, it's only 1/3 can be bequeathed by will or any testamentary disposition. However in your present case succession open on the death of father and he survived 7 sons & 2 daughters, believe no other relation survived. Here the simple method that son will get double the daughter or can say daughter will get half the son and same way in their different branches. Rule of inheritance is given in Quarantine and hadith only. Please note all are entitled to get share.