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Mustafa Golwala   04 October 2021

My nana and nani is no more and my mom, my aunt and and my mama is legal hier

My nana has the property in his name now the legal hiers want to take their shares and my mama want to retain the house the query is he is asking to pay stamp duty and transfer fees for the house which he is going to retain after paying the shares as per the islamic law.....will my mom and aunty has to bear the transfer fees


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 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     05 October 2021

Unlike Hindu law, where coparceners have a right to the family property from birth, Muslim law follows the principle of Nemo Est Haeres Viventis, i.e. nobody can become an heir to a living person. Thus, the right to the family property arises only after the death of the one holding the property

P. Venu (Advocate)     03 November 2021

Your aunt and mama can gift their share to your mother. It is not mandatory that a Gift under the Muslim Law (Hiba) be registered.


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