legal heirs in indian muslim law
a k jain
(Querist) 04 August 2011
This query is : Resolved
one male member has expired leaving behind his wife & four daughters three sons , out of which four daughters @ 2 sons are major. One house is lying in the name of the deceased . Now his family want to sale that house . What precaution should I take as purchaser & who are the legal heirs of the deceased .Who will sign the sale deed & sale agreement as legal heirs.
Please guide me in the matter .
Thanks .
R.Ramachandran
(Expert) 04 August 2011
Please indicate whether it relates to Sunni or Shia Muslim.
Further more, please give the complete family particulars of the deceased like whether the father and mother of the deceased are alive.
Raj Kumar Makkad
(Expert) 04 August 2011
Minor themselves cannot sale and permission of court is required in case of sale of share of minors in both sects either Sunni or Shia. The right of mother is recognized in Shia community so her signature is also mandatory as she is also legal heir of deceased son.
M/s. Y-not legal services
(Expert) 04 August 2011
Yes. Me too agree with experts advise. Minor share can't be sale without court's permission.. But am not in knowledge about the shiya and sunny muslim's formalities in this issue. So me too want to know about it.
R.Ramachandran
(Expert) 04 August 2011
The question was as to who are all have to sign the Sale Deed.
In Muslim inheritance, even father and mother are also eligible to get shares. In case they are alive, they have a share and as such they also have to sign the sale deed.
That's why, I asked for the particulars regarding father and mother of the deceased also.
a k jain
(Querist) 04 August 2011
Thanks a lot to all of you .
a k jain
