Family settlement

Suvesh Sinha (Querist) 03 September 2017 This query is : Resolved
We are three brothers and one sister in my family. My elder brother had left the home (in a city in Bihar)for Delhi with one muslim family in 1993. He married with the muslim girl and perhaps converted to Islam religion. My 2nd brother engaged in business and living with his family and our mother in the house belonging to our parents. I am in job in Mumbai. My sister is married and settled in Jharkhand. My father died in 2013. There are 2 landed property one in my father's name & the other is in my mother's name. The house is constructed over both the land. As my elder brother had left the home & converted to Islam, we have broken up the relationship with him. My family is not in favour of giving any share to him. As my sister is not interested in getting share in property, how can we both the brothers proceed in settlement of both property between us.

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Rajendra K Goyal (Expert) 03 September 2017
Your elder brother can not be deprived of the property only due to the reason that he seem to have converted as Muslim.

Whether your mother is alive? If yes, she can bequeath through a will or can gift the property which is in her name as per her wish.

Property in the name of father would be inherited by all his legal heirs.

Sister can relinquish her right / can gift her share through registered document.

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Adv. Yogen Kakade (Expert) 04 September 2017
I agree with the expert

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Rajendra K Goyal (Expert) 04 September 2017
Expert Adv. Yogen Kakade,

Thanks for agreeing.

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Guest (Expert) 04 September 2017
Take help of elders first. If not settled amicably then take help of some local lawyer.

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Suvesh Sinha (Querist) 06 September 2017
Thanks all for your valuable comments. One more query as to whether we will have to prove the fact of conversion of my elder brother to Islam. Please guide me the procedure.

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