Legal Question in Family Law in India
Please advice according to Muslim Law, India.
My Grandmother has two sons and a daughter.
My Grandmother gifted her house (290 Sq Yds) between her two sons and a single daughter in the year 2000 through gift deed.
She died in the year 2005, My father died in 2008.
She divided the house as follows:
135 Squared Yards: My uncle
85 Square Yards : My dad
40 Square Yards : My Aunty
20 Square Yards: For her (undivided)
10 Square Yards: Common Passage
Now my uncle given me an offer and my aunt do not have any objection.
20 Square Yards: (undivided) : to me
(10 Square Yards Common Passage) + (4 Sq. Yards of my house) = 14 Sq. Yds : to him
But I said I will take 20 Sq. Yds (undivided) and want to give common passage 10 Sq Yds. to him, they are not ready to do so. (anyway I will get a share of 4 Sq yds from undivided 20 Sq yds)
So, they are forcing me to close the doors from common passage to occupy it because I have other doors apart from common passage.
Can I go to Court for justice as my father did not received appropriate share from her mother.
1 Answer from Attorneys
u can move to court for present dispute and not for the old one. though u can move for old dispute also but u will not gain from it. your present issues can be sorted out or the whole property can be divided again.
good luck