danish (owner) 15 November 2011

Law after father's death in pagdi flat

hi, we r a muslim family consisting of my dad, step mom, me, my sis who is married and a younger bro from my step mom. we stay in a 1bhk flat on pagdi and the rent reciepts comes on my dad's name. through our lives, after my dad's 2nd marraige, myself and my sis cud never get along with our step mom.

here is the issue; my dad expired last year without leaving any kind of will. my sis is married away, so i m the only one now left to stay with my stepy and my step bro (i have nothing against him), which i cant now.

myself and my sis wants to sell off this property which is worth 1.5cr so that everyone can stay their own happy ways, but my stepy doesnt wants to sell. max she asked us to give her time so that she can arrange for our shares and keep the house. point is she will try to show the lowest possible value of the house with max expense to give us min. share and keep the house for herself.

my question is:

1. how does division of property works, keeping in mind we have indian law as well as muslim law too.

2. what is the best option for me to get the best deal (pls anything except staying and occupying one of the rooms).

3. if the property is worth 1.5cr, how much would each one get.

thank you so much for reading and thanx in advance for ur suggestions.

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4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 15 November 2011

1. Either of the parties can file a civil suit for partition and possession under Indian law.

2. you should stay until matter is resolved.

3. Each one shall be entitled for equal share as you shall be guided by Indian law.

2 Like

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 16 November 2011

Dani:

No partition,

Sorry, no partition, no possession by right, u r not having any property , cannot demand on personal laws, or heirship!

Rental residence can be tranf only to one who is residing there, having no other suitable residential property elsewhere, otherwise landlord can evict u.

u or ur fly can't sell it. it can only be trf with consent and at his pleasure. Need tricky plan . Prepare some documents on ur name to prove residence as well as possession, like ur LL Phone in ur name, Electricity, Mobile prepaid with this address, ration card, Phots c sleeping or cooking in lungi near gas, gas connections, Regd Post AD recd by u, APolice Compl of ur mobile theft/ missing, minor repairs & renov bill pd by ur cheque, PartiesPhoto, c news paper inseted c head lines to show act date. etc etc.

in case ur stepy or others can't produce and onlu uy produce, u hace winning ace to play .

If ur others buy a flat away, regd on their name, they reside elsewhere, reside inpagdi room, and landlord may trf , c ur Affidavit & + AND !! OK BOY?? !.

People don't Plan to fail, They Fail to Plan .

Meanwhile, as Adv . Raj rightly advisedu , stay there! "Chipe raho apne dedh cr ko". All the best.

1 Like

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 16 November 2011

RAJ , WHAT DO U SAY AS PROFESSIONALS BROTHER?? i will appreiate ur view.

danish (owner) 17 November 2011

Mr. Makkad & Mr. Shroff, thank you so much for valued advice. i will surely follow this and also will contact u in the near future for more guidance. My dad himself was an advocate but he cud never take a proper decision in fear of saving his second marraige hence all this mess.

Just wanted to ask u is

1. after father's death, on who becomes the new tenant/occupant of the flat by default, i heard its the wife.

2. we r 3 siblings from my dad, so will there be 3 shares or even the mom gets a share. coz i guess there is some difference between indian law and shariyat law. and how do we decide by which law shud we go to be benefited the most.

Thanks once again for your advice.

Regards

Danish