Legal Question in Civil Rights Law in India
Dear Sir,
My father expired and currently staying in the middle east. we are 4 brothers, my two brothers sold some agriculture land of my father. some who purchased they already captures and boundary the area. I don't what shall i do now and how can return those land. and they are continue selling.
What legal action shall I do also the lands are diffrent diffrent place and not plot wise. its very diffcult for partition. now i'm losing how shall i stop them and put them into the jail. I'm from west bengal, India.
will appreciate your kind guidance.
Regards,
Iqbal
1 Answer from Attorneys
After death of a Muslim owner/landlord all his legal heirs become owners in common and
not co-owners as in Hindus.
judgment in the case of Mt. Fardosjahan
Begum w/o Syed Alay Rasul and others Vs. Kazi Shafiddin s/o Kazi
Shujatali Musalman and others reported in AIR (29) 1942 Nagpur 75
wherein it has been held as under :-
�The legal position as regards Mohammedans is prima facie that when the
owner dies leaving a number of heirs those heirs take the estate as tenantsin-
common. They have each a separate right and at any moment any one
can demand administration of the estate so as to demarcate the property that
falls to that one�s share. But until that is done they hold, not as joint tenants
as will be the case were they Hindus which joint tenancy is broken up by
partition, but as tenants-in-common which co-tenancy is broken up by
severance of the shares normally done by means of administration or by
partition. Administration is normally the better course because then all
questions of indebtedness of the deceased, priority of claims and so forth can
be properly adjusted.
You must file a suit for partition as well as claim for the sale of properties done by your brothers and take injunction for sale of remaining properties
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