Aslam Attar (SEP) 24 October 2015

Father earned property distribution in sunni muslim law

I have father whose age is around 80 years. He has earned property on his own at five locations. I have three brothers and two sister. I have grocery shop at the village from last 30 years in the father owned property. Now all of the brothers and father is planning for the partition. According to them, they are offering me only shop for may stake on the basis of valuation is at higher side. I am the oldest brother to them as I have spend so much money on them over the years. But they are not ready to take the note of that and distributing all the property among them without my consent.
I have my name in one property at other location. Can I have right to get property equally distributed among us. Please answer

1. Is that possible to distribute/partition property equally among all us as father earned property?

2. Shop comes under satta prakar b which is reward from Sansthan which can not be transferred in my name? What I do in this case?

3. Father is deliberately not doing partition equally. Can I stop him through court legal procedure?

4. Father is not ready to distribute property among sisters too. Can sister has rights to get the property?

Please reply..

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2 Replies

Advocate Ravinder (Advocate/Attorney) 25 October 2015

1. Is that possible to distribute/partition property equally among all us as father earned property?

=Since the property is self acquired property of your father and your father is still alive, you or your siblings have no right on the property. Whatever your father decides it will happen. If you can convince your father and get to an understanding.

2. Shop comes under satta prakar b which is reward from Sansthan which can not be transferred in my name? What I do in this case?

=answered above.

3. Father is deliberately not doing partition equally. Can I stop him through court legal procedure?

=answered above

4. Father is not ready to distribute property among sisters too. Can sister has rights to get the property?

=No, sisters will not have any right as it is self acquired property of your father.

For futher doubts contact me to my email.

T. Kalaiselvan, Advocate (Advocate) 31 October 2015

This being the self acquired property of your father, nobody has any rights in it during his life time.You or your brothers cannot decide about partitioning the properties as per your own will and wish during his life time. Actually the family partition is a mutually agreed partition in which there is no necessity to follow the legal rules strictly that the properties shall be equally partitioned, there can be many agreements and arrangements for different provisions in the future according to which the partition may come into effect. However in this situation, during your father's life time nobody has any right hence try for an amicable settlement.