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shaik imran   17 May 2016

Transfer of property in absense of will

Sir/Madam  Please advise on the below issue.

My Father In law a private employee passed away with out writing a will.

He has in his  name a building with four flats on each floor.

He has two daughters(one unmarried ) who are major and two sons who are minor (17years age)

Now my mother -in-law wants to transfer one flat  jointly to my wife and me.

Please advise how to go about it.We are a muslim family.

 



Learning

 4 Replies

Kumar Doab (FIN)     17 May 2016

You may go thru:

 

https://www.lawyersclubindia.com/forum/muslim-women-s-right-to-inheritance-9490.asp#.VzsUFTV97IU

shaik imran   18 May 2016

The above link posted is not so helpful.Everybody in the family agreed for the transfer and no opposition is there.I just dont know the legal way in which property can be transfred.Please advise?Can please advise the legal formalities to follow in order to enable to transfer the property.

Env Coord (.)     18 May 2016

@Shaik Imran : Please note my reply as given below. You should confirm with a competent lawyer in your district/locality/city before acting on my advice.

Example : A Muslim man dies intestate (that is if he dies without a Valid Will), his estate or property will be distributed as follows :

Suppose the total value of Assets to be inherited by respective parties are Valued at Rs. 80 Lacs.
As per Muslim Personal Law in India, the provisions for inheritance can be found in Muslim Personal Law (Shariat) Application Act, 1937.
In your case, there are 2 Sons & 2 Daughters and your Mother-in-Law and let us assume assets worth Rs. 80 Lacs is to be divided among 5 people as stated above.
The Share as per Muslim Law of Inheritance will be as follows :
First of all your Mother-in-Law (who is Widow) is entitled to 
1/8th share in her husband’s property. After that Each Sons will inherit the double of Each daughters of your Father-in-Laws.
Rs. 80 Lacs to Divided as follows :-
Mother-in-Law's Share = Rs. 10 Lacs (1/8th of your Father-in-Laws assests)
Each Son's Share to be Rs. 23.33 Lacs each & 
Each Daughter's Share to be Rs. 11.67 Lacs each.

Inheritance as per Islamic Law is that the daughter's share is equal to one half of the son's share in Ancestral Property.
Furthermore, Daughters have rights of residence in parent's houses, as well as right to maintenance, until they are married. 

Approach a Lawyer for further guidance for getting Succesion Certificates for proceeding with mutation of share in property in favour of all related parties.

You can also approach All India Muslim Personal Law Board (AIMPL) or drop them an email. If you live in New Delhi you can also visit AIMPL Board office at Jamia Nagar.

Please see the Link for more clarification : 

https://www.slideshare.net/hanifmulia/general20-principles20of20inheritance20under20muslim20law​

1 Like

Kumar Doab (FIN)     18 May 2016

The link suggested at LCI:

https://www.lawyersclubindia.com/forum/muslim-women-s-right-to-inheritance-9490.asp#.VzsUFTV97IU

 

also provides the information.

 


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