How to share sunni muslim widows property
abdul salam
(Querist) 14 October 2012
This query is : Resolved
I will be grateful if you give legal advice regarding sharing of SUNNI MUSLIM WIDOWS property which she had owned through her salary. The WIDOWS (R) husband died in 1965.She died on 06/01/2002. One of her son died in 2000.Now 2 sons and 2 daughters are alive of the widow –(R ) along with the widow of pre-deceased son( with her 1 son 1 daughter )
The widows elder daughter –(A) is also a widow since 1990 and has 1 son and 2 daughters-all are married.
The widows elder son-( B) has 2 daughters –all are un-married.
The widows younger son( C ) has 1 son and 2 daughters-all are un-married.
The widows younger daughter( D) has 1 daughter-and she is un-married.
The widows pre-deceased sons wife( E) has 1 son and 1 daughter-all are un-married . In one of the widow( R)s empty plot E( the widow of pre-deceased sons) wife has constructed a house.
After the death of R , E demanded the construction cost of the house to handover the land .No one has paid .She has let the house for rent and living in her another hosue(.She has more properties)She and her children have any rights to claim the share in the property of widow ( R )
We are sunny muslim community. Please let me know how to share the property of the widow R.
among the legal heirs A,B,C,D,AND E smoothly without anyone going for litigation or dis-satisfaction .Also give me a draft copy of power of attorney to get signed by all the legal heirs to sell the property smoothly so that no one can claim latter on and give trouble .To my query dated 07/10/2012,Expert Mr Khaleel ahmed advised me to contact with MR Darul afta.He has not given reply to my quries. I expect experts like MR RAJ KUMAR MAKKAD OR MR KHALEEL AHMED or MR DARUL AFTA to give their expert opinion on my quaries.
THANKS AND REGARDS,
SALAM.
M V Gupta
(Expert) 15 October 2012
Although the querist wanted opinion of Mr. Rajkumar and others, I, with apologoies to them, venture to answer the questions posed by him. As per the Law of inheritance applicable to Sunnies, the widow of the predeceased son of R, namely E or her children do not succeed to the properties of the deceased widow R. In this coneection I draw attention to Section 53 (Principle of Representation) of Mullah's Mahomedan law which states that the principle of representation does not apply to sunnies. Consequently, heirs of a predeceased son i.e., E and her children do not inherit the properties of R. the other surviving heirs of R, namely Two sons and two daughters will get as under: Sons 2/6 each and daughters 1/6 each. As regards the house constructed by E on one of the plots of R, with the explicit or implied consent of R, E would be entitled to own the house, while the land would vest in the sons and daughters of R in the proportion indicated above.
abdul salam
(Querist) 16 October 2012
My heartfelt thanks goes to expert M.V. GUPTA for his immediate opinion.I will be grateful if other property law experts also can join and give their opinion.I am not particular about anyone.I am particular about LAW.After the death of R, E demanded RS.150000/--(Rupees one lack and fifty thousand only).The construction cost was almost received by her through RENT.Depreciation of the house and rent received may be taken while settling the construction cost. Hence,I request your sincere advice and opinion.Thanks in anticipation of your reply. With regards-salam
abdul salam
(Querist) 16 October 2012
My heartfelt thanks goes to expert M.V. GUPTA for his immediate opinion.I will be grateful if other property law experts also can join and give their opinion.I am not particular about anyone.I am particular about LAW.After the death of R, E demanded RS.150000/--(Rupees one lack and fifty thousand only).The construction cost was almost received by her through RENT.Depreciation of the house and rent received may be taken while settling the construction cost. Hence,I request your sincere advice and opinion.Thanks in anticipation of your reply. With regards-salam
M V Gupta
(Expert) 17 October 2012
As the owner of the house she is entitled to enjoy the fruits of the income (rents) therefrom. This cannot be sited by you as ground not to pay the cost of the house for transferring it to you. U cannot site the rents paid by her tenants as consideration given by you for the transfer of the house. In case urself and the other shrers want her to transfer interest in the house, fairness demands that u should pay to her the price of the house as per the present market rate. But it appears she is demanding from u people only the amount spent by her in the construction of the house. Be fair to her and avoid unnecessary contraversy/disputes.
abdul salam
(Querist) 22 October 2012
What happened to the property law experts!Only Expert M.V. GUPTA answered. Thank you SIR, for your second opinion.Dear other experts,will you all agree with MR.M.V GUPTA or have your opinion to say. Please give your valuable comments.With regards-salam
