Inheritance process
Querist :
Anonymous
(Querist) 11 July 2011
This query is : Resolved
A widowed muslim women has two children, one male and one female. The daughter is married with one female child. The women has following properties
1) One house in her name which was purchased by her late husband
2) An agricultural land (1 acre) in her name, which was purchased using the money she received from her father as her share (her father was an agriculurist).
3) An agricultural land ( 1 acre) which was in her husbands' name ( husband had inherited the land from his father who was an agriculturist)
4) one plot of land she purchased using the money she received from insurance companies (form death of her husband).
The women wants to distribute these properties among her two children and the children have agreed for the same. What is the best possible way to do this?. can the women gift individual properties to one of her children with the other acting as consenting witness, or she has to wrie a will. Do anybody else have claim over the property.The parents of her husband are no more.Also of her parents, the father is no more and mother is alive.Both her husband as well as she have brothers and sisters
R.Ramachandran
(Expert) 13 July 2011
What you are saying is not 'inheritance' process. Inheritance process is one which takes place after the death of the person.
In this case, your mother wants to gift away her properties amongst her son and daughter. In Muslim law there is no discrimination on grounds of sex and a female is competent to make a gift.
THE ABOVE PROPOSAL OF YOUR MOTHER CAN BE DONE ONLY BY WAY OF REGISTERED GIFT DEED.
