shahani (Editor) 06 July 2012

Mohammedan succession: property to deceased's mother

Hi,

My father died in 2011 without leaving a will. As per Mohammedan law, a percentage of his wealth goes to his mother, who is alive, apart from his wife as well as kids. His mother (my grandmother) is willing to provide a No-Objection certificate. Meanwhile, my brother is a minor (15 years old). Who should my grandmother provide No-Objection certificate to?And how should we address the minority issue when we sell of one of my dad’s properties?

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 06 July 2012

Dear Querist,

Understand a few things :-

1. That as soon as your father expired the property came to be vested in mother/widow/children in the following shares :

a) Mother - 1/6th

b) Widow - 1/8th

The rest of the property vests in Children - with sons taking double the share of each daughter.

Now apparently you seek to sell the property, in that everybody has to be a party, an NOC won't do, either everybody becomes party to the sale or a registered relinquishment deed is executed nothing less would work.

As regards the share of minor brother in the property - court's permission under the Guardians and Wards Act is required.

Good Luck !

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shahani (Editor) 06 July 2012

Thanks for the reply. We did try to procure a relinquishment deed. Though my grandmother as well as all my father's brothers are willing to provide it, the work is getting delayed as revaluation surveys for our lands are ongoing. It would be immensely helpful if you could let me know what are the prerequisites and supporting documents to be produced for a relinquishment deed?