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suhail   26 February 2015

Kind advice .....

Dear all,

Hope this finds you all well...

My father is no more (died 8 yrs before) and he had 2 wives. Me and my elder brother are 2 childrens from my mother.My mother is elder wife of my father. My mother is still alive.

My fathers second wife (who died 12 yrs before) has 2 childrens , a boy and a girl. Overall, we are 4 children from our father.

Now, all properties are in my fathers name still and few are in my mothers name. At this stage we (me + my mother+my elder brother) decided to give up a share in overall property to my half brother and half sister. We discussed with them and they wanted a amount equal to their share as per market value. We all agreed to that.

We all agreed for a amount which we together proposed after market survey. NOTE: We did market survey for property rates separately and personally. No agency was hired.

Since our half sister wants amount on early basis,we are giving her the amount  first , but we are paying the amount to her in two installments.

Question: 1. What minimum precautions should we take before giving her the 1st installment of money?

We had decided to get her signed on a document before paying her 1st installment,but our lawyer advised us to pay the 1st installment amount in cheque and get her signed on a document/agreement before paying her the final installment?.... is this safe for us???? 

Is paying through cheque, her 1st installment of property share is enough for a proof??

2. What necessary to be made,so that she/he(half brother and sister) cannot claim rights legally again over the property???

For info: We have decided share as per islamic law. Also, all of us are adults. My half sister is married.

 



Learning

 1 Replies


(Guest)

as your lawyer rightly stated - go with cheque transaction.

apart from that, get the writing in stamp paper and get it registered that the sister has been compensated for her share of the property and has no rights on the share in future. as a matter of fact ..keep few elders as evidence for this transacton and get them as witness signed, that is from out of the family and trustable.


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