Dear Sir,
Our late father left for us a property measuirng 30 sqft (South to North) X 45 sqft (West to East) being the road at the West measuring 30 X 4.4 sqft of conservancy land at the East. Leaving 4 Sons, 2 Daughters and a Wife. Son No.1 and Daughter living separately, Son No.2 and Son No.4 are living together with Mother in the said property and Son No.3 is working and living with his family abroad since 16 years use to come and stay together for a month after every 2 years.
As per Mohammedan Law the property is divided as :
Mother - 168.9 sqft (1,350 / 8 X 1)
Son No.1 - 236.3 sqft (1,350 - 168.9 = 1,181.3 / 5 X 1= 236.3)
Son No.2 - 236.3 sqft (1,350 - 168.9 = 1,181.3 / 5 X 1= 236.3)
Son No.3 - 236.3 sqft (1,350 - 168.9 = 1,181.3 / 5 X 1= 236.3)
Son No.4 - 236.3 sqft (1,350 - 168.9 = 1,181.3 / 5 X 1= 236.3)
Daughter No.1 - 118.1 1/2 sqft (1,350 - 168.9 = 1,181.3 / 5 X 0.5= 118.1 1/2)
Daughter No.2 - 118.1 1/2 sqft (1,350 - 168.9 = 1,181.3 / 5 X 0.5= 118.1 1/2)
Note : Common passage was not considered while dividing.
After mutual understanding Son No.4 purchased the portions of 2 Daughters and Son No.1 measuring 15 sqft (South to North) X 45 sqft (West to East) at the North leaving the balance partial portions to Mother's part and occupied half conservancy land measuring 15 X 4.4 sqft at the East. With this the matter of 2 Daughters and Son No.1 and Son No.4 is solved.
After litigating over one or the pretext for over 7 years Son No.3 grabbed the road side outer portion at the West measuring 15 sqft (South to North) X 15.9 sqft (West to East) leaving the inner East side portion measuring 15 sqft (South to North) X 15.9 sqft (West to East) to Son No.2 and the balance middle portion to the Mother. Mother gifted her portion to Son No.2 to live together.
Now the litigation is raised by Son No.3 towards the passage to the 2 portions of Son No.2 and the Mother. He says, he is going to provide the passage only if the same volume of land from the Mother's portion is added to his part. Further, he is demanding the portion from the Conservancy Land from the Mother's part. Else he will dragg the matter until he stay's abroad.
My question is :
1. Since Son No.2 and the Mother has got inner portions how should they reach to their portion as Son No.3 as has grabbed the road side portion and common passage was not
considered by anyone while dividing.
2. What does the Act says about Demanding of portion from the Conservancy Land / Lane.
3. Can we Register our portions without the presence of Son No.3.
Please advise / suggest with your valuable comment in the light of Law / Muslim Personal Law.
Regards,
Syed Nizamuddin
