Hello Sir, My case is a property eviction case summarized as follows: My father was a retired Army Officer, was allotted a military quarter, a small single bedroom, hall, kitchen house and we had been paying rent until 1995. My father died in 1997 and at the time of his death our house belonged to Government of Telangana. We are 4 sons and 2 daughters; all were born in the same house and 2 sisters were married during the lifetime of my father. Since our house was very small, our father had suggested 4 sons to construct rooms in the surrounding government land before we get married. In order to avoid misunderstanding and conflict in the future, he had prepared a plan sketch on a plain white paper, dividing existing house and surrounding land showing the four-individual portion for the sons. The same sketch plan in a white paper was signed by my father, mother and all four sons. So we all four brothers constructed our temporary house accordingly. My 2 sisters were married off in my father’s lifetime during 1975 and 1987. They were living with their husband in in law’s house. However, my second sister had financial problems and conflict with her in-laws. In 2002, she requested us to allow her to live in our house temporarily as she had small children. We, out of sympathy, allowed her to stay 20 years ago in my 3 brothers area. Presently she is living there with her 5 sons. Recently, Government of Telangana had announced a scheme to regularize the unauthorized constructions on government land, under GO 59, by paying price of the land. We 4 brothers by availing the scheme, submitted our applications and paid cost of the land at discounted price. After reviewing and inspection the application, Government of Telangana, during 1917, regularized and registered the land 224 SY individually on four brother’s names. Since then we have paying municipal tax regularly. After the registration of the house, we requested our sister to vacate our house, but she refused to do so stating that the belonged to my father and she is a legal heir and deserves her share under Islamic Sharia law. My two elder brother’s own portion of the house is 80% under their possession under lock and key. And rest of the house in the possession of my sister and our mother. I have my furniture, almirahs , motor bike in my constructed area of the house but did not lock it as mother was living in my portion in my absence. I am working abroad and visit my house regularly every year. Our house is almost 80-90 years old and is in very decrepit, unsafe conditions. Presently our house is occupied by my mother, my sister and her five sons. My 2 elder brothers have locked their portion of the house but do not live there as it is unsafe. Please advise as follows: How soon my sister can be evicted? Can we claim damages against her? How valid is her claim as legal heir as we paid and bought the land from our own money.... Faheem , Email: [deleted]
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On demise of father your mother , 4 sons , 2 daughters would be legal heirs to property as per Muslim personal law
2) however your sister cannot claim 80 portion of brothers house as her share
3) your brothers should file suit for eviction of sister and her 4 sons
4) seek injunction restraining her from creating third party rights on the property
5) suit for eviction would take years to be disposed of . take the plea that full consideration for land and construction was paid for by the brothers
She has indeed share in the property but has been occupying much more than what she is entitled to.
So file a suit for partition and recovery of possession. Eviction suit is an option but is likely to fail.
1. File an eviction suit against her.
2. She can prefer her claim on the quarter allotted tom your late father stating that she is ready to pay her share to the Government to regularise it in her name and her said claim will be decided by the Court on merit.
You say that your sister is occupying your portion of the house property and is refusing to vacate.
If you have documentary evidences to prove your title to the said portion of proeprty namely the regularisation document in your favor, the tax paid receipts and the evidences for funding the construction of the structure, you can first issue a legal notice to her to vacate the premises.
Failing to respond or comply with the demands made, you may file an ejection suit against her on the strength of the documentary evidences in your possession.
- As per Muslim Law, the right of inheritance of property comes only after the death of a person.
- Further, any child born into a Muslim family does not get his right to property on his birth.
- Further, distribution of property can be made in two ways, firstly per capita or per strip distribution.
- Per – Capita distribution method is used in the Sunni law, and according to this method, the estate left over by the ancestors gets equally distributed among the heirs. Therefore, the share of each person depends on the number of heirs.
- Per strip distribution method is used in the Shia law, and according to this method, the property gets distributed among the heirs according to the strip they belong to, and hence the quantum of their inheritance also depends upon the branch and the number of persons that belong to the branch.
- Further, there is no distinction between the right of men and women; each has right over the said property.
- However, a female will get half of the male share.
- Further, out of 100% share, share of mother will be 12.5%. and the remaining 87.5% will be distributed between sons and daughters. .
- Hence, after the demise of your father , his property would be devolved upon your mother , 4 sons , 2 daughters.
- But share of your sisters will be half of any brother , and she cannot retain whole property illegally.
- Your brother should file a suit for Mandatory Injunction for removing her from the property
This is further to my question, I think I failed to explained my case properly. My father was never a owner of the property then how can the question of inheritance arise? We paid the money and bought directly from the government in 2017, land has been registered in 4 sons name and we have been paying taxes regularly since 2017. The encumbrance certificates clearly shows our name as buyer and Tahsildar as seller and my father name is nowhere visible in the transactions. The invitation notice from the Tahsildar never mentioned that all the children should apply. Instead, it was mentioned in the notice that those who have been living before 2014 in a unauthorized constructed house on government land, they can apply. Here my sister did not construct any house and she came back in our house as guest after she was married successfully, seeking shelter as she was going through financial hardship. Additionally, three Islamic institutions provided us a certificate after reviewing our case stating that my father was never a owner of this property as we paid the money through challan. The certificate clearly states that it was not a MATRUKA property. Original quarter was only 266 SQ YD and we illegally constructed our houses illegally in the surrounding government land and the same thing was regularized by government by selling to the occupier of the land and it is reminded that my sister was a guest in our house and she did not submit any application for regularization because she did not construct any rooms or house. She was living in my brother's room as guest. My father in his lifetime had suggested us to construct our individual rooms as our the original quarter was very small. He had made a small plan/sketch on a white paper on which my mother and four had signed as token of understanding the division of the land. My two brother's hold 80% of their house in their control whereas myself and 3rd brother did lock our property because my mother use it .
1) your brothers should issue legal notice to sister to vacate premises
2) if she refuses file suit for eviction of trespasser as she has no rights on the property
3) contact a local lawyer
1. You have mentioned that the quarter was allotted to your father.
2. So, as opined by me "She can prefer her claim on the quarter allotted tom your late father".
3.She can certainly not claim her share ion the construction made by you in the surrounding arear of the said quarter allotted to your late father.
4. The arguments placed by you shall also be countered by your sister in the Court and as stated by me in my earlier post "her said claim will be decided by the Court on merit" after hearing both the parties.
- As per your submission , the said military quarter was allotted to your father , hence even you constructed the same with your amount for making habitable , it will be considered as the property of your father .
- Further the aforementioned rule will be applied after his death .
- However, for extending area which is dully registered in your name as one of four legal legal owner , then your said sister cannot claim any share over the same .
If you are concerned about your sister occupying the house property that was purchased by you by a registered document and you have evidences like tax paid receipts, electricity connections and water supply connections on your name, then you can very well issue a legal notice to your sister to vacate the house illegally occupied by her immediately and deliver vacant possession of the same within a time stipulated in the legal notice,. stating that she was allowed to temporarily occupy the house as she was homeless at that time, whereas she has permanently squatted in the house and refusing to leave the house despite several requests and demands made in this regard.
On she failing to reason or non compliance, you may file a suit for ejectment to eject her from the property which she is illegally occupying without any rights or interests in it.