Muslim property
shashi
(Querist) 16 November 2017
This query is : Resolved
Hi All
My Question if a Muslim mother who has acquired property by purchasing the same from the builder and if she intends to sell the same does the daughter, or Son has any rights on property. and her husband is no more and registered as D/O so .........
do they have an share on it as she has earned it on his own.. if so what precaution to be looked at while purchasing the same
Rajendra K Goyal
(Expert) 17 November 2017
If the property is in the name of Muslim lady, she is owner of it.
Owner of the property can sell / gift / mortgage / bequeath a will of the property, no one can object.
Ms.Usha Kapoor
(Expert) 18 November 2017
Under Muslim law if we go by Sunni law of inheritance Mother takes a fixed 1/8 th share and her 1 son and 1 daughter takes the remaining 7/8 th share., The remaining 7/8 th share will be so divided that daughter gets half of what son gets so son's share would be 7/12 and daughter's share would be 1/.2 of what son gets so it would be 14/48. If we add all these 3 shares we get 1 so our division and distribution of property is correct and we calculated correct shares. Let us see our division of property is correct or not in the following equation:
!/8 +7/12+14/48=1
Ms.Usha Kapoor
(Expert) 18 November 2017
If you appreciate my above answer please give me likes
Dr J C Vashista
(Expert) 19 November 2017
I disagree with Ms. Usha Kapoor since the queriest has made it amply clear the property has been purchased by the Muslim lady, in this case how does the law of Muslim (Sunny or Shiya) inheritance shall operate?
Dr J C Vashista
(Expert) 19 November 2017
I fully agree and appreciate the expert advise of Mr. Rajendra K Goyal.
The property is self-acquired by the lady and she can dispose it of as she desire.
shashi
(Querist) 22 November 2017
thank for the advise in case if i taken a NOC from her Son and make daughter as witness would that be fine to make our-self safe from any future disputes
if NOC has to be taken than what amount of Stamp paper do i need to use and should i notarize it and register it before going for sale deed registration
