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Amjad Pasha (Manager)     25 January 2012

Estated of deceased and widow

Dear Expert,

We are governed by Mohammadan Law.There are three properties I need advice about.
Property A belongs to my widow mother. Property B belongs to my deceased father. We were 3 brothers and 3 sisters.My mom and dad executed a joint will in favour of 3 sons in respect of property A and property B which was duly registered when all children were minors.They have signed one another as guardian .The will declares that the property shall belong only to sons.The daughters would not have any right therein. My father passed away .One of my brother also passed away. My mom wants to share the deceased brother's share only to sons. How does my mother do this? Which is the most valid deed for this ? We are planning to take homeloan also.

Property C belongs to my father .He has not mentioned anything about this property. My mother desires to give away this property to my sisters.My sisters have differences as to which portion of the land is required to be accepted.They are not willing to sign any document , but the rights in the property. They are forcing us to sell away the property for cash and handover the cash to them.But my mom wants to give away the property itself and not interested in selling.There are rumours that my sisters after taking away whatever they get ,lodge a claim for their share in Property A and Property B. Can my mom file a friendly petition in the court and declare her statement and give away whatever she desires. My mom has lost peace of mind and my brothers in law are mentally harassing us. Kindly advice.

 



Learning

 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     25 January 2012

Dear Querist, 

The Law governing Wills and devolution of property in Muslims is not that easy (I am presuming you belong to the Hanafi Sunni Sect to which the larger part of Muslim Population of country belongs). 

First of all : A Muslim can give away property by will only to the extent of 1/3rd that too after deducting funeral expenses/debts etc, and this 1/3rd cannot also be in favour of any legal heir (children in our case) unless all the other heirs consent. 

Lets talk about property 1 for now since your father is no more - it was given completely to the 3 brothers this is not valid and does not take affect unless 3 brothers & sisters consent to the same. In absence of which the will does not take effect and the property would after deducting aforesaid expenses - would go 1/6th to your mother and the remaining 5/6th would be divided between all of you (including the sisters) with brothers taking 2/9th of the 5/6th of property - each. and Sisters taking 1/9th each. 

I have not talked about property no B for your mother is living and will to that effect is inconsequential. 

Property C - would also devolve the same way. 


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