Purchase of site

VENKATESH HEGDE (Querist) 20 July 2013 This query is : Resolved
Dear Experts

I have offered a site by muslim women who have 4 children (all Are majours). this property alloted by a co-op housing socity to her husband after his death property is trasfered to her. Now how can i proceed further. Is transfer of property under muslim Law applies? or as per the transfer of property act i can make her children as consenting witness.
awaiting your valuable suggession.
Regards
Venkatesh hegde

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prabhakar singh (Expert) 20 July 2013
May be property is mutated in name of widow of muslim deceased but you need to ascertain first all heirs the deceased muslim has left behind.

Deceased Muslim widow is only one among the quranic heirs.They are 4 males and 8 females.
The males are:(1) the father, (2) the grandfather or lineal male ascendant (when not excluded), (3) the uterine brothers, and (4) the husband(to be ignored on facts of your case).

The females are:(1) wife,(to be considered in your case) (2) daughter, (3) son's daughter or the daughter of a lineal male descendant howsoever low, (4) mother, (5) true grandmother, (6) full sister, (7) consanguine sister i.e. half sister on the father's side, and (8) uterine sister i.e. half-sisters on the mother's side.

HENCE IF WIFE IS ONLY ONE AMONG THESE 12(11 FOR YOUR CASE)LEFT AS SOLE HEIR WHOSE QURANIC SHARE IS 1/8th ONLY AND REST WOULD GO TO 4 SONS AS RESIDUARIES.

IN MY OPINION EVEN IF AFTER DUE ENQUIRY YOU FIND ONLY WIDOW TO BE SHARER LEFT BEHIND,THE SALE DEED MUST BE EXECUTED BY ALL 5.

Dr. Jyothi Vishwanath (Expert) 20 July 2013
The property is allotted to her. WHy it was allotted to her?? is there any link of this to her husband?? clarify this
She is absolute owner of the property. She can sell it. Her children have no right in it. You can take their signatures as consenting witness.

Rajendra K Goyal (Expert) 20 July 2013
Agree with the expert prabhakar singh ji. Nothing more to add.

prabhakar singh (Expert) 20 July 2013
HE SAYS "this property alloted by a co-op housing socity to her husband "

of which perhaps Dr. Jyothi Vishwanath COULD NOT TAKE NOTICE AND FELL FOR MISLEADING ADVICE TOO DANGEROUS FOR BUYER.

Dr. Jyothi Vishwanath (Expert) 20 July 2013
Agreed to Prabhakar jii.
All heirs of husband have right in it.

prabhakar singh (Expert) 20 July 2013
IT'S GREAT SPIRIT EVERY ONE OF US SHOULD POSSESS AS Dr. Jyothi Vishwanath HAS.

Dr. Jyothi Vishwanath (Expert) 20 July 2013
Prabhakar Jii, dont you think that one has heirs with respect to the property which he owns during his life time. Can one have heirs in relation to the property which one has acquired after death.
Can a deceased person acquire property after death?? Can a deceased person become owner of a property after death??

prabhakar singh (Expert) 20 July 2013
CERTAINLY THERE CAN NOT BE ACQUISITION IN A DECEASED NAME Dr. Jyothi Vishwanath .

BUT THAT IS NOT WHAT HE IS SAYING.

HE IS SAYING THAT "this property alloted by a co-op housing socity to her husband "

"after his death property is trasfered to her"

'her' means here his widow and transfer means here mutation.