Legal Q&A Property Law Brothers demanding share in my shop income from father’...

Brothers demanding share in my shop income from father’s building

Property Law Asked by Mansoor Ahmed from Bangalore 🕐 3 weeks ago 👁 41 views
We are a large family—my father has 5 sons and 4 daughters. My father owns a building, and the property has not been legally divided yet. I am the eldest son, and I run a small shop located on the ground floor of my father's building. Lately, my four brothers have started creating trouble. They are demanding a share of the daily income and profits from my shop. At the same time, they are refusing to give me my rightful share in the rest of my father’s properties. I am very stressed by this constant harassment. Am I legally required to share my business income with my brothers just because the shop is in our father’s building? Since the property isn't divided, how can I secure my specific share in the building so they stop interfering with my business?
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Team Legistro Official
🏛 Legal Information Team · Legistro.com
3 weeks ago
This is a classic dispute in undivided family properties. Under Muslim Personal Law (Shariat), the concept of a "Joint Hindu Family" does not apply, which actually makes your legal standing very clear. 1. Your Business Income is Yours Alone You are not legally obligated to share a single rupee of your shop’s profit with your brothers. In law, there is a clear distinction between the ownership of the space (the shop premises) and the ownership of the business (your goods, your labor, and your profit). Even if the building is undivided, the business you run is your personal property. Your brothers have no right to your income. At most, if your father is deceased, the "estate" could technically claim a fair rent for the space, but they cannot claim a share in your hard-earned profits. 2. If Your Father is Alive If your father is still alive, he is the absolute owner of the building. Your brothers have zero legal right to demand anything right now. Advice: Talk to your father. If he is satisfied with you running the shop, he can execute a Registered Lease Agreement or a Gift Deed (Hiba) for that specific shop in your favor. This would legally "fence off" your shop from your brothers' reach. 3. If Your Father has Passed Away If your father is no longer alive and died without a will (intestate), the property immediately devolves upon all legal heirs according to specific shares under Muslim Law (where sons generally get double the share of daughters). The "Co-owner" Status: Until the property is divided "by metes and bounds" (physical walls), you are all joint owners of every brick. However, joint ownership of a building does not give them ownership of your business. Stop the Harassment: If they continue to demand your income or block your share in other properties, you should file a Suit for Partition in the local Civil Court. 4. Your Roadmap to a Solution Don't Pay: Firmly refuse to share your business income. Let them move the court if they think they have a right (they don't). Family Settlement: Try to draft a Memorandum of Family Settlement. Propose that the shop you currently occupy be allotted to your share of the inheritance, and they can take their shares from other parts of the building or other properties. Legal Notice: If the harassment becomes physical or interferes with your customers, file a police complaint for harassment and have a lawyer send them a formal legal notice warning them against interfering with your business. Summary: Your brothers are likely using the "undivided" status of the house to bully you. Stand your ground on your income, and push for a formal partition to settle the property once and for all. Note: Under Muslim law, inheritance only opens upon the death of the owner. If the owner is alive, the children are not "co-sharers" yet.
⚖️ This is general legal information, not legal advice for your specific situation. For personalised advice, consult an advocate directly.

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