Legal heir/succession in muslim
shaik abdul
(Querist) 12 December 2012
This query is : Resolved
Hi first of all thanks in advance for answering my query, here is the current dead and living persons details
Muslim family details.
1. Elder brother expired in 2007 leaving behind wife (reached 38 years in 2012) and son (8yrs as on 2012) & daughter (11 yrs as on 2012).
2. Younger brother expired in 2012 leaving behind wife ( reached 37yrs in 2012) and son ( 16yrs as on 2012) daughter (15yrs as on 2012).
3.Deceased father age 70 yrs is alive.
4.Deceased has 2 married sisters.
Property details:
1. Residential independent house ground floor & 1st floor is in the name of 2 deceased brothers. which is currently occupied as 1st floor occupied by 1st brother's family ( wife and children). Ground floor is occupied by 2nd brother's family ( wife and children) and father also staying in ground floor.
Commercial property.
1 shop ( retail business) purchased from distant relative( third party) by paying full payment and documented on the bond papers in the name of 2deceased brothers but sale deed & registration was not done and current owner is still the 3rd party ( Owner is good person have no intention to do harm and is ready to do the tranfer of ownership to the legal heirs).
Both the properties are self acquired by the deceased by thier hardwork and there is no contribution by father.
Question
1.Please tell us what % of share each relative of deceased will get in residential property if self occupied and when we sell the same.
2. Since commercial property is not yet registered ( can it be transfered to both deceased's wifes and 4 children excluding father ) by the owner. Will there be any claim by father based on the bond papers signed by deceased.
3. What process need to follow to transfer the house from deceaased name to the legal heirs.
4. Who will be legal heirs in both the properties.
Thanks again.
Raj Kumar Makkad
(Expert) 12 December 2012
1. Entire property shall vest in you.
2. It can very well be registered as desired.
3. Legal heirs of pre-deceased sons are not entitled to inherit as per Muslim law so you sole alive son of your father have to approach municipal authorities with the death certificate and affidavit of you with the property details to register your name in place of your father.
4. As already above.
R.K Nanda
(Expert) 12 December 2012
contact local lawyer.
Nadeem Qureshi
(Expert) 12 December 2012
Dear Querist
you should contacted a lawyer in your area.
Feel Free to Call
shaik abdul
(Querist) 12 December 2012
Raj sir,
Could you please explain in detail of who will be legal heirs as per muslim law in this case please.
Raj Kumar Makkad
(Expert) 12 December 2012
I have already cleared your subsequent query. go through my original reply again.
shaik abdul
(Querist) 13 December 2012
sir i could not understand the 1 & 3 answer, please help
shaik abdul
(Querist) 13 December 2012
sir i could not understand the 1 & 3 answer, please help
ajay sethi
(Expert) 13 December 2012
th answer to issue no 1 means that you shall be the owner of the netre property .
as far as issue no 3 is concerned it means that since you are the only surving son you have ot fulfill formailites of getting property transferred in your name . you will need death certifcate of your father also affidavit is necessary
shaik abdul
(Querist) 13 December 2012
what share will father of deceased will get ?
deceased has left behind wife, son (16yrs) and daughter (15yrs) and father (70 yrs)
Please help me understand the shares of every member.
Raj Kumar Makkad
(Expert) 13 December 2012
You have told these members now and earlier you had told having only one son and 2 predeceased sons and had asked the division accordingly and now you have changed your statement.
Anyway, in the light of changed facts submitted by you, the division of the properties of your father shall be made as under:
After paying the debt and will of deceased, the father will get 1/6th, the wife will get 1/8th, and the balance will be divided into three parts: two parts will be given to the son, and one part to the daughter.
shaik abdul
(Querist) 13 December 2012
Sorry for troubling you and making it confusing and thanks for making it simple.
One last thing please. I think am not able to phrase it correctly.
House Property is jointly owned by 2 sons who are already expired and still it is in thier name.
these 2 expired sons have thier widow each and all minor son and daughter each.
Also their father is alive.
so father will get twice share as it is jointly owned by his 2sons (expired)
Thanks
prabhakar singh
(Expert) 13 December 2012
First of all understand that in Muslim personal law their is no concept of self or ancestral property.
A property either self acquired or inherited by a Muslim shall on his death shall devolve as per following rules:
In your case it would be as follows:
LEVEL I - PRIMARY (Immediate) HEIRS
The primary (or immediate) heirs classified as Level I are:-
1. The SPOUSE (Husband or a maximum of four Wives)
2. The CHILDREN (Sons and Daughters)
3. The PARENTS (Father & Mother)
And the shares would be:
Qur'an 4:11 Allah commands you as regards your children (inheritance),
To the MALE, a portion equal to that of TWO FEMALES;
If (there are) only DAUGHTERS, two or more, their share is TWO-THIRDS of
the inheritance;
If only one, her share is HALF.
For PARENTS, a SIXTH share of inheritance to EACH if the deceased left
CHILDREN;
If NO CHILDREN, and the PARENTS are the (ONLY) heirs, the MOTHER
has a THIRD;
If the deceased left BROTHERS or (SISTERS), the MOTHER has a SIXTH.
(The distribution in all cases is) after the payment of legacies he may have
bequeathed or debts. You know not which of them, whether your parents or your
children are nearest to you in benefit. (these fixed shares) are ordained by Allah.
And Allah is Ever All-Knower, All-Wise.
shaik abdul
(Querist) 13 December 2012
Sir am not clear on this please make it simple
Raj Kumar Makkad
(Expert) 13 December 2012
Your latest query is again changed. Now you have come with new facts. I smell, you are not a true sufferer rather a student and want to be get cleared on different examples. If I am true then please dont disturb and take help of your teachers.
shaik abdul
(Querist) 13 December 2012
No sir i have not changed..its only i may not be phrasing my question correctly.
I am not a student.
Raj Kumar Makkad
(Expert) 13 December 2012
Why are you phrasing your query again and again in entirely different direction than the previous?
Why do you not put your exact facts at one go?
ajay sethi
(Expert) 13 December 2012
query is resolved
