Buying Inherited Property from Muslim owner without his kids consent
1 year ago
I have finalized a deal to buy an inherited property from a Muslim owner, his parents owned the property and passed away without registering the property in the seller's name, the seller has brothers and sisters and they intern have kids, including the seller. Recently, he got the property transferred /released to his name (got the sale deed) with an agreement with his own brothers and sisters (Sale deed doesn't have consent from his brother and sister's kids).
Now my 1st question is, without the signature/consent from the Sellers son's (Under Muslim legal heir rules), is it OK to buy the property from the seller?
My 2nd question is, when he got the sale deed in his name from his brothers and sisters, there is no consent from the sons and daughters of his brothers and sisters. In that case, is the sale deed in the name of the seller valid, for resale to a third party non-muslim buyers?
You may follow the following inheritance of Muslim community.
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Under the Muslim law, there are three classes of heirs
• SHARERS, they are entitled to a prescribed share of the inheritance. In case of a man’s property, his wife/wives are the sharers of his property. The wife is allowed to inherit a fixed share from the property of the husband which is 1/6th of the total share.
• RESIDUARIES, who do not have any prescribed share in the inherited property but they are eligible to inherit whatever is left after giving away the part of sharers. The children, both sons and daughters, are the residuaries in the father’s property. A daughter is allowed to take her share in the partitioned property irrespective of her marital status. They are to distribute the remaining 5/6th part of the property among themselves. The share of the son and the daughter are in the ratio of 2:1.The son is entitled to double the amount of property than the daughter.
• DISTANT KINDRED, are all those people who are related to blood to the property owner but do not fall into the category of sharer or residuary. There right is not ipso-facto present on the property, but needs to be proved.
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