Advocate Abdur Rahim Shaikh

Questions Answered by Advocate Abdur Rahim Shaikh

Q: I belong to ST category and I want to sell my land to Gen category

What is the process to sell tribal land to general category in siliguri?

Advocate Abdur Rahim Shaikh answered
st people may sale the property to the gen category with due permission from the sc/st department of your district

Q: Procedure for partition when one brother is not ready

Sir/ Madam, Our religion is Hindu. WE ARE 2 SISTER AND 3 Brother . Myself daughter was staying with my MOM DAD before marriage for more than 10 yrs. All very staying separately except myself . After my marriage second day,my 2nd Brother along with one lady it is not in our knowledge whether he got married or not with her staying in our DAD house since 2 yrs.The original documents of the house is with my MOM who is staying with my elder brother.My mother is not stable condition(memory lose)and the property is my father's name and he is no more so now the 2nD brother not ready for vacate the house or nor ready for partitions and he did some part illegal construction without our knowledge. Except my 2nd brother all bro and sis are ready for partition.please advice how to go for with this. Thanks

Advocate Abdur Rahim Shaikh answered
When all the party in interest of the property agreed then it easy to parition by way of parition deed.but when any among the interested party non agree the file a suit for parition in a civil cour where the land is sitiated and u get the poper relief

Q: What can we do when the seller is not giving back the token money

I gave 1.72 lac token amount to buy a house, but due to some personal issues we can't afford to buy a house, but we sign the buyer agreement and in that they clearly mentioned in any case that deal is cancel they didn't return our token amount, but i want my token amount back shall we do any legal action to builder or not. Please advise

Advocate Abdur Rahim Shaikh answered
You must get return your token booking money You file a complain in a consumer forum of your district. Abd you get proper relife.if there is no clouse for return on clouse for non return .then u get return .thank u

Q: How is a property divided after death of father under Muslim law

We r 3 sisters, a brother and mom. How to distribute (ratio) my deceased father's property among we 5 persons according to Islamic law in India ? Does Indian law applicable of equal ratio , if all sisters insist on that ? Mother is living with only son.

Advocate Abdur Rahim Shaikh answered
Inreply question on 1Wife of deceased person get 1/8Rest poperty 7/8 diveded among the son and daughter.in this cade 3 daughter and one son.diveded as son 7/20and each dajughter 7/40Wise12.5% son 35% 3 daughter each17.5% total 52.5%

Q: Can daughters claim a share in deceased father's property

I and my sister both signed off affidivat for property of my father and mother after their death to our brother who emotionally took our signatures for entire property (business and house & land) except for a small piece of land inherited by our mother. But he has still nor transferred them in our name or not given any document to us for our records. I would like to know can I claim back for equal rights in entire property even though we have signed off affidivate.

Advocate Abdur Rahim Shaikh answered
Any kind of affidavit does not transfer any body share of land out side the courtSo....You are absulate owner by inherit as before your affidavit and nowYou claim yor share equaly