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Chatriyan (Engineer)     04 January 2014

Buying a property from a muslim man with two wives

Hi All,

         If a person wants to buy a property from a Muslim man,who is married 3 times,what is the procedure to be followed,is it ok to get consent only from the children of present wife or needs to get consent from all the children from his 3 wives.sorry if I have hurt someone personally.



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 5 Replies

Biswanath Roy (Advocate)     04 January 2014

There is a whisper in the legal profession that before buying any landed property from a muslim owner you shall have to see how many wizards are on the wall of the rooms.  So you shall have to include every body of the vendor's family in the deed of conveyance..

VIRAJ KADAM (Advocate Supreme Court of India)     04 January 2014

Dear Friend

I like your query.

Let me tell you buying and selling of immovable property in India is governed by the Transfer of Property Act. The said act has not barred Muslims from selling their property. As long as that seller is alive and he is the absolute owner of that property you need not worry. You can buy his property without being worried about his wives or children. You only need to confirm beyond doubts that he is the absolute owner of the property he is selling.

Also, hire a good lawyer to make proper sale deed.

Regards

VIRAJ KADAM

Advocate, Supreme Court of India 

Chatriyan (Engineer)     04 January 2014

Thank you very much for the valuable information forum members

T. Kalaiselvan, Advocate (Advocate)     04 January 2014

I think learned Advocate Mr. V. Kadam has given a valuable piece of advise.  Yes, a muslim person is also governed by the transfer of property law and its provisions.  a muslim can sell his share of property from undivided  property without marking specified boundaries even in the properties  which are not partitioned but he should have a share in the said property as per muslim law.

2BHelpfull (Other)     07 January 2014

if he is the absolute owner of that property You can buy the property but befor buying the property check all the relevant registered dcument till date.


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