Your Advocate

Q: After my parents death two of my brothers built two buildings in our parents residential plot in suitable position of that land. And rest of the land is not at all suitable to built any residential house more than one room. It can be mention here that after our parents death we did not divide and go for division by law of our parents property. At one stage I raised the question to my brothers that you have made your home in such a way there is no place for me to make any home. Where I shall make my house? They replied that since by law they are also entitled to get due share of that land so they have made the house on their due property. And why didn't you make any house here earlier? You can do whatever you like with the rest of the land. We have built our house spending lot of money; since it's our hard earned money so, we can help you. In this situation my question is: (a) After the parents death, where the properties has not been divided among us by law, can my brothers grab the land in this way? (b) As per above-mentioned situation, what can be done by law to restore my legal right of that land? (c) My brothers have made house for them in suitable position of that land since they have enough money to do so. Is it not illegal to act like this ?
Abdur Rahman,
Mohammadpur, Dhaka.

Your Advocate: Your problem is not much complicated. The dispute centers round construction of buildings by two of your brothers in the undivided shares of your paternal land. As per your claim they have built their houses in the most valuable portions of the land to the prejudice of your interest. That is, you are left with less valuable portion of the land not suitable for building a house. Your brothers' explanations are that they have built their houses earlier and that they have already spent a lot of money in building their houses. They have rather found fault with you as you could not take the first chance in making your house. So seemingly they have taken it as a chance. All these are really lame excuses having no validity in the eye of law. Upon those excuses the other heirs can not be deprived of their due share in their paternal property. Law is, you have right and title to every inch of your paternal property and unless the same is partitioned by family arrangement or by decree of a competent court none has the right to occupy any portion of the same far less, the better portion. Your remedy lies in serving a legal notice to your brothers for amicable partition. If they do not pay any heed to it you will have to file a suit for partition in an appropriate court of law. In case a suit is filed it would be the court to decide the issue and pass a decree distributing the entire land legally and equitably among all the heirs of your parents. There are laws to resolve the dispute in case of already existing buildings or permanent structures. If you are finally dragged to court , consult a good civil lawyer with the title-documents relating to all the properties left behind by your parents. Things would be all right.