Muslim men dying intestate

mohammed rafiq (Querist) 28 June 2012 This query is : Resolved
A sunni muslim men dying intestate leaving behind three married sons and married daughter from first wife(non-muslim,already died)& second wife (does not have any child) & his younger brother and his family.The deceased and his younger brother was leaving in the same house for the last 30 years.Hear important thing is that both, the deceased and his younger brother worked together and purchased a house for leaving but the title of the house is in the name of deceased person.Further two out of three son was leaving in another house for the last 20 years.Both the sons were compelling father before his death for removing deceased younger brother but the deceased verbally refused & said that "i've already given you another house & you don't have any share in the disputed house".The deceased also told his second wife before his death that after "my death the disputed house will be yours". Now after the death of father two sons out of three are demanding share in the house and wants to remove deceased persons younger brother from the house.The younger brother does not have any documentary proof that he paid certain amount of money at the time of purchasing of the house except that he had possession of certain part of the house since the purchase of the property.The second wife of deceased & third son (youngest) are in favour of deceased younger brother & does not wants to remove the brother.Both the sons now harassing there youngest brother,second wife & deceased brother for property although no legal proceeding is initiated by both sons but they are showing intention for the same.Pls. confirm what is the best possible defence available for the younger brother of deceased if suit filed against him & what he will do in present circumstance.Pls answer the earlier query is modified.

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Adv.R.P.Chugh (Expert) 28 June 2012
Please understand :-

1) there is no concept of ancestral property in Islam.

2) This is a part-benami transaction - where part of the funds were provided by somebody but property was purchased exclusively in name of one. In this case normally you cannot challenge and claim the property as one's own. However there are certain exceptional cases of fiduciary relationship where a person can lay a challenge, and claim part of the property to the tune of one's contribution.

3) But if contribution as regards funds cannot be proved strictly then in that case the property of brother would go by inheritance to his legal heirs i.e 1/8th to widow and rest 1/7th to children with sons taking double the share of daughters.

Good Luck !

adv. rajeev ( rajoo ) (Expert) 29 June 2012
If he is dying let him make any arrangments of his properties, even oral gift is valid in Mohd., law.

Nadeem Qureshi (Expert) 29 June 2012
Dear Querist
the deceased was a Shia Or Sunni Muslim?, The rules related to succession are different.
Feel free to call

N.K.Assumi (Expert) 29 June 2012
Yes, like my customary laws with the generous sanction of the constitution of India, for muslims, WILL can be oral and even if in writing it does not need attestation and can be valid even if it is without signature, all yopu need is that the will is that of the testator.You vmay refer the famous case of-Aulia Bibi vs Ala-ud-din:ILR 28 All 715.