LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

AK (Officer)     09 July 2013

Purchase of property of a muslim family with a minor heir

Respected Lawyers,

I plan to purchase  a property with the following details. 

The property was bought by a Muslim Couple (both working) jointly in the sale deed.  The husband passed away without leaving any will. They had three children, a girl and two boys, all married. The girl passed away due to some illness leaving her husband and two male children as legal heirs, one still being a minor. After 2 years of the death of his first wife (the daughter of the lady)  the son-in-law has remarried with no issues.

Now the Lady is selling this property with the consent of both her sons, son-in-law, and the major son of her daughter.  The son-in-law is willing to sign on behalf of his younger minor son.

My questions are as follows.

1) How does the property split amongst them? 

2) Can the son-in-law sign on behalf of his minor son in this case for his undivided share.

3) Can they all sign a release deed / power of attorney in favor of the lady and that lady sell this property to me.

4) What is the right procedure for purchase of this property? Is there anything else I should consider before proceeding with this deal?

5) Under what circumstances in a muslim family can a father sign on behalf of his minor son?

Please advice. Thanks in advance for your resposne.

AK



Learning

 0 Replies


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register