Mother Passed Away & Property sold by Brothers

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Under Indian law, since you are Muslim, the inheritance of property is governed by the Muslim Personal Law (Shariat) Application Act, 1937. Upon your mother’s passing, the property would have devolved according to Islamic inheritance law, which specifies fixed shares for legal heirs. As the eldest son, you are entitled to a share of the property along with your brothers. In Sunni law, typically, male heirs (sons) would inherit equal shares unless there are specific variations in family circumstances. Since your brothers sold the property without your knowledge or consent, this transaction could be challenged. Under the Transfer of Property Act, 1882, a co-owner cannot sell the entire property without the consent of other legal heirs. If they did so, the sale may be considered voidable, especially as your legal share has been disregarded. The legal remedy would be to file a suit for partition and declaration in a civil court. In this case, you can request that the court declare the sale invalid as it was done without your consent and ask for a proper division of the sale proceeds according to your rightful share. You may also file for an injunction to prevent further transactions or actions concerning the property until the matter is resolved. You can cite the case of Khan Mohd. Yusuf v. Chhotey Lal (2009), where the court held that no legal heir can sell property without the consent of other heirs unless they are authorized to do so. You should act quickly to assert your rights and claim your share of the inheritance under Muslim personal law.

Advocate Rohan Venkatesh Yemul LawRato