Sell Minor's Property
Nowfal
(Querist) 13 March 2010
This query is : Resolved
I am a muslim NRI residing in Qatar. We have land in kerala, India in the name of my mother and father, both are passed away. I have only a sister, she is a minor, 15 years old.
Is it possible sell my property now? If possible, How much will be her share? I am ready to purchase land in my sister's name which is equals to her share in the land. Further more my grand parents are still alive and they have no claim / objection in selling the property. Please help me by providing an answer.
A V Vishal
(Expert) 13 March 2010
The Muslim law of succession is a codification of the four sources of Islamic law, which are (1) The Holy Koran itself, (2) The Sunna — that is, the practice of the Prophet, (3) The Ijma — that is, the consensus of the learned men of the community on what should be the decision on a particular point, and (4) The Qiya — that is, an analogical deduction of what is right and just in accordance with the good principles laid down by God.
This gives us the first indication that Muslim law recognises two types of heirs, the first being Sharers, and the second being Residuaries.
A relative who is a Sharer will take a specified portion of the deceased's estate irrespective of anything else (excepting for one important exception being the Rule of Awl and Radd which are explained in full later).
A relative who is a Residuary will take whatever is left over, once the Sharers have taken their specified shares.
The Sharers are 12 in number and are as follows:
(1) Husband, (2) Wife, (3) Daughter, (4) Daughter of a son (or son's son or son's son's son and so on), (5) Father, (6) Paternal Grandfather, (7) Mother, (8) Grandmother on the male line, (9) Full sister (10) Consanguine sister (11) Uterine sister, and (12) Uterine brother.
Any attempt to set out the exact share of each such Sharer and its fluctuation depending on various factors will be far, far beyond the scope of this column, and I will restrict myself only to saying that the share taken by each sharer will fluctuate in certain circumstances.
A sole daughter takes a half share. Where the deceased has left behind more than one daughter, all daughters jointly take two-thirds. However, these two rules apply only in cases where the deceased has left behind no sons.
If the deceased had left behind son(s) and daughter(s), then, the daughters cease to be sharers and become residuaries instead, with the residue being so distributed as to ensure that each son gets double of what each daughter gets.
Further, the residuary is a minor, in my opinion a declaration from court under Wards & Guardianship Act will be necessary to sell her share of property.
Nowfal
(Querist) 13 March 2010
Sirs,
Could you please describe the 'declaration from court under Wards & Guardianship Act ' and what are the terms and conditions for the same?
