Legal Question in Civil Rights Law in India

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