Land partition after death of father and mother

Since the disputing son is also having co-ownership over the property after the death of parents, the entire property could not be alienated without his consent. On the other hand, if the property is sold out without his consent, the sale will effect only inrespect of the share entitled to the legal heirs  who sold out the property.

as per to you your father and mother had demised without making any will of their property , now according to law your four brother including you and your two sisters are the legal heirs of your deceased parents , therefore the whole property will divided into 6 equal parts and each heir is entitle to get 1 part means 1/6 share in the property, in the first property you all were agree with your share , do same for the second property give his share to him rest you five sale your share as you wish or do amicable solution with him otherwise to get share from the court you will get to many years in it better do and go mutual understanding.

It is possible to go to the court and file a suit for Partition of the 02 Lands between the 06 heirs. In this case the court can divide the second piece of land and give him one share, while allowing the rest to be sold.

However, it is better if, as suggested by Laxmi Kant ji, you divide the land mutually and settle the dispute. The legal process will take a very long time and also lead to acrimony amongst the brothers and sisters.

As for as the share is concerned, with respect I disagree with the opinion of Mr.Lakshmi Kant Josi.

 

In the given case, according to the Mohamaden law, the sons are entitled to 2/10 share each and the daughters  are entitled to 1/10 each.

--If there is mutual consent among all the parties, then you can enter into registered partition deed or settlement deed outside the court.  Even if one of the party is not giving consent, any one of the party (or more) you have to knock the doors of the court and you have to file a partition suit against the objecting party to divide the two property equally.  The court will ask you to give a sketch/plan  how to divide the property equally among yourself.  Again if there is dispute in this regard, the court will decide how to partition the two properties. 

 

Before filing the partition suit or entering into partition deed/settlement deed, if any of the party alienates the property to some third party, only to the extent of his undivided share will be passed to the third party.

I agree with the opinion of learned advocate Ms. Saleema Kabeer that division of shares among the legal heirs as per Muslim Personal law will be 2:1 ratio between sons and daughters.   In the present case, the only solution for reluctant son is to go for a partition suit before the court and (will get dragged  on for years together) get it decreed.