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Mutation in original agreement after death of husband.

(Querist) 03 August 2014 This query is : Resolved 
we have a shop which is in the name of my husband &his brother. my husband died & now i want to add my name in his place as the legal heir.He still has two brothers & two sisters.His parents died long back.
my question is how do I go about it?
can mutation be made in the original agreement? if yes, how? pl. let me know the proceedure.
secondly , does the widow have to pay stamp-duty for this? If so , how much?
Devajyoti Barman (Expert) 03 August 2014
1. Mutation of your name can be done but his brothers name will also be there.
2.No stamp duty is needed. only normal process fees is required.
saira (Querist) 04 August 2014
Whom do i approach for getting it done ? What documents are required? Can i approach the registrar directly & submit the required documents?
saira (Querist) 04 August 2014
Whom do i approach for getting it done ? What documents are required? Can i approach the registrar directly & submit the required documents?
ajay sethi (Expert) 04 August 2014
advisable to contact a local lawyer for guidance . you would need death certificate of your husband .
you have not mentioned whether your husband died intestate or whether he left a will . in case your husband died intestate you and your children would be the legal heirs for his 50%share .
Dr J C Vashista (Expert) 04 August 2014
Contact and consult a local lawyer for guidance.
T. Kalaiselvan, Advocate (Expert) 05 August 2014
Rightly advised, you and your children will be the legal heirs to succeed your husband's intestate property, thus talk to your husband's brother and get the prperty partitioned and mutated properly, contact a local lawyer for getting the job done legally.
Rajendra K Goyal (Expert) 05 August 2014
Your children can relinquish their right in your favor and after that you can get 50% of the property in your name.
saira (Querist) 06 August 2014
Just to clarify , I have no children . Will I be the only legal heir ?
arunprakaash.m. (Expert) 07 August 2014
Cotact Tahsildar Officer/Village accountant/Talathi for this matter
saira (Querist) 08 August 2014
I am a Mumbai resident , I visited the registration officer & he says , there is no such proceedure. No changes can be made in the original agreement , & no supplement can be attached. u just have to get changes made in the society documents & electricity bills etc.Only at the time of the sale u will be required to be present as an heir.
There are so many different versions , I am really confused--. can anyone tell me the exact proceedure/
Kumar Doab (Expert) 09 August 2014
You seem to have rightly been advised by the Registration Officer, as posed in your last post.

It is believed that you are Hindu, and Hindu Succession laws shall apply.

Since your husband has not left and WILL, his mother is not alive, and you have no children hence you are the only ClassI legal Heir and shall own the full share of your husband.

The changes in Original Registered Sale Document are not done.

If you want you can obtain the certified copy from registration Office.

To get your name entered in Society documents and Electricity Bills etc you need to download the requisite forms and complete the formalities.
saira (Querist) 10 August 2014
sir I am a khoja ismaili by religion. By which law will I be governed in the matter of intestate succession?
Kumar Doab (Expert) 10 August 2014
Personal Law Applicable to 'Khoja Ismaili'.
saira (Querist) 10 August 2014
yes--- that is exactly what i want to know sir, which personel-law is applicable to khoja ismaili?
Kumar Doab (Expert) 10 August 2014
You could have stated it in your first post.


Although you have raised a very interesting

discussion and all shall benefit from it,...........................however a lawyer/scholar well versed with judgments especially in case of 'Khoja Ismaili's' in Western India can help you.


website for Khoja Ismaili:

http://www.ismaili.net/heritage/node/27983


You may go thru:


>>>The Aga Khan's case (The Advocate General ex relatione Daya Muhammad v. Muhammad Husen Huseni (1866) 12 B. H. C. R. 323 n), in which judgment was delivered by Arnould J. in 1866

And


>>>Bombay High Court
Fidahusein Pirmahomedalli vs Bai Monghibai on 11 October, 1935

http://indiankanoon.org/doc/1158028/


>>>Disinheriting Daughters: Applying Hindu Laws of Inheritance to the Khoja Muslim Cornrnunity in Western India, 1847-1937
:

“The Bombay courts determined that a Khoja 'custom' which disinherited daughters meant that Hindu, not Muslim, laws of inheritance applied to this Muslim sect.”


file:///C:/Documents%20and%20Settings/Administrator/My%20Documents/Downloads/MQ41714.pdf

mspace.lib.umanitoba.ca/bitstream/1993/1942/1/MQ41714.pdf



Islamic scholars like Asghar Ali Engineer can guide you.


http://newageislam.com/islamic-sharia-laws/codification-of-muslim-personal-law-and-gender-justice/d/8264
saira (Querist) 11 August 2014
Thank u so much sir , I shall go through all these & am sure it will help me a lot. so thank u so much once again.
Kumar Doab (Expert) 11 August 2014
You are welcome.

Once you have gone thru you shall find that it is amalgamation of various faiths.............and the Law Commission also attempted.............

You may certainly go thru all publications and meet Scholars/Islamic Scholars also.................however you must proceed under expert advice of a lawyer well versed with your faith........................

If you err you may get nothing.


Mr. Sethi is from Mumbai.
You may seek his advice.


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