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ShaikAbdul (abc)     31 July 2012

Property doucments

 

My parents purchased one Plot and they constructed two separate houses in that plot. My father is expired any my mother written the Will for this property. In that will, my mother given one house to me and other house to my brother. 

The clarification which I required here is, my brother wants to sell his house. we have plot registration documents, but as they given one house to me and other house to my brother, how we can create the documents for two each individual houses in that plot. what is the procedure for this.

What kind of precaution I need to take for any problems not to come in future.

One Important thing is we are Muslim Family. Islam Law will be applicable to us.



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     31 July 2012

It is settled in Islamic Law that a person cannot dispose off more than 1/3rd of his property by will unless the heirs consent thereto after the death. In this case you have not mentioned about any other heirs to your parents ? If there are - then there consent is required for the will to take effect in it's spirit.

ShaikAbdul (abc)     01 August 2012

Hi Bharath,

My parents don't have any other heirs.

 

The clarification which I required here is, my brother wants to sell his house. we have plot registration documents, but as they given one house to me and other house to my brother, how we can create the documents for two each individual houses in that plot. what is the procedure for this.

What kind of precaution I need to take for any problems not to come in future.

Thanks..


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