Joint property and will
6 years ago
I am a Muslim woman. I have a joint registery of our house with my second husband, is it possible for me to make a will for our house on my children’s name as my husband is threatening me me to sell the house and take all the money. I don’t want my house to be sold.
Deepak Yashwantrao Bade
Responded 5 years ago
A.dear client i agreed on the advice that Any muslim can make a will only to the extent of one third of his/ her property. You better take a mortgage loan and keep it in your children`s name.
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A.Any muslim can make a will only to the extent of one third of his/ her property. You better take a mortgage loan and keep it in your children`s name.
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A.You have not told whether you have any other hers/ successors as per your personal Law apart from your second husband. Your husband cannot sell the property without your signature on the sale deed, however take care not to sign on any GPA. You can gift your share in the property to anyone you like, but as per your personal Law , by way of a will you can only bequeath one third of your share.
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Ashish K Dongre
Responded 6 years ago
A.without consent neither of you can sell that property, consent of both is needed to sell that property, you can make a WILL for your childrens according to your share in your property.
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Ved prakash Shaw
Responded 6 years ago
A.First of all don't give consent to your second husband to sale the joint property.U can make a will of your share from joint property in favour of your children.For safety u can make registered will.Will also can be cancelled when you wish
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NILANJAN CHATTERJEE
Responded 6 years ago
A.No, he cannot sell the property alone since you too have share in the property, without your will the property cannot be sold.
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Ambrose Leo
Responded 6 years ago
A.No. in Joint registry both consent is required.Better to consult a property lawyer to guide & help you.
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