Transmission of flat
Mohammed Rizwan Shaikh
(Querist) 09 August 2016
This query is : Resolved
Respected Sir,
One of my friend's mom got married as per Muslim tradition to an old man aged 86 who is suffering from Liver Cancer, he hardly has few weeks or a month. The fact is that the flats in which he stays is in his ex-wife who expired 10 years ago (no children from the old man) and his name. The ex-wife who expired has 3 daughters who are married from her previous husband . My friend's mom is the last wife who is worried about the situation that may arise after her husband dies. Moreover, the old man has one son from his very first wife, grand-son and grand daughters. What will be my friend mom s rights over the property.
In this situation, if the old man nominates his present wife in respect to the property, will there be any issue?
what will be her share, if any situation arises?
What legal recourse she has to maintain her right?
Please help EXPERTS,
Rizwan Shaikh
Kumar Doab
(Expert) 09 August 2016
Author @ Rizwan Shaikh,
You have posted many queries.
The queries are always for someone else.
The experts have noted the queries as regular professional query.
You have been posting very knowledgeable comments in threads.
It has been discussed with you in one threads that nomination in society flat (Maharashtra) does not confer ownership.
So you already have answer.
You are aware of rules of inheritance applicable to Sects in Muslims.
So you already have answer.
Kumar Doab
(Expert) 09 August 2016
Some of the threads are;
http://www.lawyersclubindia.com/forum/details.asp?mod_id=121760&offset=1
http://www.lawyersclubindia.com/experts/harrassment-by-second-wife-586991.asp
http://www.lawyersclubindia.com/experts/Tenancy-Eviction-Case-566886.asp
http://www.lawyersclubindia.com/experts/Cancellation-of-POA-and-Development-Agreement-596981.asp
Rajendra K Goyal
(Expert) 09 August 2016
She may purchase share of her husband from him.
R.K Nanda
(Expert) 09 August 2016
Professional query.
Guest
(Expert) 09 August 2016
Mr. Rizwan,
If you don't mind, your story reveals as if your friend's mom married the very old man at the death bed due to liver cancer only for the sake of acquiring his property, as you stated, "friend's mom got married as per Muslim tradition to an old man aged 86 who is suffering from Liver Cancer, he hardly has few weeks or a month."
As of some moral, ask the mother of your friend to shun selfishness and let the other legal heirs also share the dying man's property. YOU SHOULD NOT EXPECT UNETHICAL ADVICE FROM THE MEMBERS OF THIS FORUM.
Kumar Doab
(Expert) 09 August 2016
Agreed with experts Mr. Dhingra, Mr.Goyal.
Mr. Goyal has precisely pointed out that 'She may purchase share of her husband from him.'
Dr J C Vashista
(Expert) 10 August 2016
The author is in the habit of posting such academic queries under one or the other threads, number of times same is being repeated, which should be filtered and deleted by admin.
It is ridiculous, stupidity and abuse of this platform to repeat same query.
Mohammed Rizwan Shaikh
(Querist) 10 August 2016
Respected Experts,
I really did not mean to offend any one. i narrated the facts in short however to be precise, my friends mom got married to the old man 8 years back just to take care and that time he was not diagnosed with Liver Cancer. He had multiple wives, my friends mom is the last one. She is the one to take care of the old man as his legal heirs wants him to die just to sell off the properties owned by the old man. Few months back, the old man was diagnosed with Liver Cirhossis, being wife she has taken utmost care of him even she herself is a Diabetic II patient.
With due respect sirs, I really did not intend to offend you all by posting my query as I thought that I would really get some help under the light of law.
*Goyal Sir and Kumar Doab Sir.....thanks for your advice. Doab Sir, Can I not ask advice for someone else? There are many friends who approach me for legal advice and I am keen to help them, so I approach you all experts for legal advice, is this illegal or unethical?
*Vashista Sir, I assume that Lawyersclub India is a legal advice platform, I post the queries which strikes my mind thinking that I may receive best advice from you all best experts. I am not at all trying to be ridiculous, stupid or abusing the legal platform (Lawyer'sclub India). Anyway's thanks sir. Please note that although I am not a lawyers, but I am very keen to know the law from you all experts.
*Dhingra Sir, I cant ever expect that the Experts advice on this platform will never be UNETHICAL. Sir, friends mother has been taking care each and everything of the old man since past 8 years, the old man is a womanizer, so in order to protect her rights and not usurp the legal heirs rights.
God Bless you all sir, I really received lot of knowledge from you all experts till date and expect to receive it in future too.
Rizwan Shaikh
Guest
(Expert) 10 August 2016
Not clear what you have stated, "he had multiple wives, my friends mom is the last one." Please intimate how many wives he has?
Mohammed Rizwan Shaikh
(Querist) 10 August 2016
Namaste Dhingra Sir,
Many thanks for your reply sir, the old man had several wives, no idea whether he was married to them or was just an affair but no children from any of his wives except the first one. My friends mom got married as per Muslim Tradition. He had 3 sons from his very first wife wherein 2 expired and one still alive.
Regards,
Rizwan Shaikh
Kumar Doab
(Expert) 10 August 2016
"no idea whether he was married to them"
You need to confirm on it.
Guest
(Expert) 10 August 2016
When you don't know facts and background of the case, I wonder, how you are justified in asking such a vague query in the absence of facts.
Moreover, when your friend's mother had already married with another person, what interest your friend has in the case of his mom?
Ask him to discuss the case with some local lawyer with the help of facts and figures, not with uncertain information.
Dr J C Vashista
(Expert) 11 August 2016
@ Sh. Dhingra ji,
It is a hypothetical and concocted story, please ignore.
Regards.
Guest
(Expert) 11 August 2016
Sure Vashista ji.
Kumar Doab
(Expert) 11 August 2016
Agreed with seniors and experts.
Mohammed Rizwan Shaikh
(Querist) 12 August 2016
Thanks for your reply EXPERTS,
@ Vashista ji.......with due respect, without knowing the facts, you cannot adjudicate whether it is a concocted story or not. My friend and his mom is facing the issue, if you don't want to reply please may ignore the question but you don't have any right to state that "It is a hypothetical and concocted story, please ignore". Neither I have that much time to narrate a concocted story nor you have so time to read and give your advice. "Truth is stranger than fiction"
Now I certainly know that I will not get any reply from your sides, just wanted to help my friends mom and my friend, really did not think that so much humiliation I will have face.
God Bless you all.
Thank Experts,
Rizwan Shaikh,
(Law Seeker)
