Muslim law for land distribution
sajeedrshaikh1
(Querist) 10 April 2015
This query is : Resolved
Hi,
Our family owns a land of 6.5 acres at our home town. There are 3 siblings among whom this land is to be distributed by their Father(who is no more).
However, the eldest son has sale-deed 2 acres of land from the father 18 years before. So, we have a total of 4.5 acres of land left. My query to you is, will the eldest son who has already sale-deed
2acres of land have equal shares in remaining 4.5 acres of land or not in Muslim law, since he has already taken his share from 6.5 acres. If not , is there a way to not include his share in 4.5 acres of land?
-sajeed shaikh
Lawyer SALEEMA
(Expert) 11 April 2015
As per the Mohamaden law, the eldest son is also having equal right over the remaining 4.5 acres as legal heir.
Anirudh
(Expert) 11 April 2015
Dear Mr. Sajeed,
Your question can be answered as follows:
1. Suppose, your father had sole the 2 acres to some third party (not your elder brother), whether your elder brother would be entitled for equal share in the remaining 4.5 acres or not? He will surely be entitled as that was the balance land left behind by your late father.
2. If instead of a third party, if your elder brother had purchased, by paying money (sale cannot take place unless there is consideration), it means that your elder brother has purchased the property i.e. 2 acres (just like any third party).
3. Therefore, just because he has purchased 2 acres from your father, he cannot be denied his legal right for equal share in the balance property i.e. 4.5 acres left behind by your father.
Rajendra K Goyal
(Expert) 11 April 2015
Your elder brother has share in the property i.e. 4.5 acres.
Dr J C Vashista
(Expert) 12 April 2015
He has equal share in the left over landed property.
T. Kalaiselvan, Advocate
(Expert) 13 April 2015
How did acquire the said property of 2 acres reported to have been sold by him?, As per Muslim personal law, the eldest brother is having share in the 4.5 acres too, take the advise of local lawyer and proceed further.
sajeedrshaikh1
(Querist) 16 April 2015
Now We have 4.5 acres of land to be distributed among 3 brothers. What is the procedure to legally acquire the land among us ?
How much time it will take.
because elder brother already acquired 3 acres instead of 2 acres.
