Property distribution not happed in 24 years
M Zakaullah
(Querist) 10 February 2012
This query is : Open
Dear Legal Experts,
My father - Civil Surgeon (In Bihar) had 2 wives. 4 sons from 1st Wife and after the death of 1st wife, my father married 2nd wife after a gap of say 5 years. From 2nd wife were 2 sons and a daughter. I am youngest of all i.e 6th son. My father expired in Feb, 1987 without any will!
We belong to muslim community and myself (living outside Bihar for last 24 years) married a hindu girl through Court marriage in Pune in 2009. Since then, we are not accepted by any of the first four brothers.
Regarding property distribution, my eldest brother who lives outside Bihar is not interested and does not take the responsibility to share the father’s property nor is he interested in claiming it.
But the other 3 brothers (2nd to 4th) is enjoying father’s property since 1987 and have sold many pieces of land without the consent of any of the brother nor informing my mother who is alive. 2nd brother is mukhia in village and 3rd & 4th brothers are teachers in Araria & Karjain respectively.
My father has property in Purnia, Araria and in village (All in Bihar). 3rd bother captured the property of Araria & Purnia. 2nd & 4th brother has captured the land in Village.
I told my own 5th brother that you take care of my property on behalf and sell it if needed. When my own elder brother (5th) approached other 3 brothers for property distribution, they say that I am no more part of the family members and I will not get any penny out of it. Ironically, they were never interested to share the property even before my marriage with the hindu girl. Now they have got an excuse that because I am married a hindu girl, I will not get any share.
For the past 24 years, my mother tried and requested all the 4 brothers to divide the property and also requested 5 members of our father’s relatives who were responsible to share the property after he expired. All five members are alive today and support 2nd, 3rd & 4th brothers in village because the 2nd brother is mukhia of the village.
The three brothers did not start the pension for my mother after death of my father till date. The three brothers are having all the necessary documents with which pension could have been started for my mother but they did not do so and also not willing to share documents. One brother says its with other brother and vice-a-visa.
Request you support/guide me ways in getting my share of my father through 5th brother and what are the procedures to do so. Also please advise how to start pension for my mother.
