If it is self acquired property of muslim women she can freely sell same without consent of her children or husband she has right over the said property . The children cannot raise any claim over same.

Hello,

Yes you can but you must be sure that the women is not too old as they will in future say that you coerced her.

Regards

 she does not need her children consent to sell her self acquired property 

you ca purchase the property 

It is not necessary that daughter should be witness 

2) it is self acquired property of seller 

3) contact a local lawyer 

See the lady shall register a sale deed in your favour before registrar further she shall receive consideration for sale from you so there is no question of coercion as proof of amount paid to her and registered sale deed are there.

Further if husband and son are signing that is also enough as daughter or husband or son donot have any share in property.

1) what is source of funds for purchase of property 

2) if it is bought out of family funds then husband , children can claim equal share in property 

Hello,

If her husband is alive better make him a witness and if he refuse it then try to make one of her relative as a witness.

Regards.

Yes the can sell it without any consent being he self acquired property. Only inherited Property has personal laws

See if the husband is signing in witness then that situation is also ruled out further the property undisputedly is in her name and further you are selling with knowledge to all legal heirs so you will be bone fide purchaser and there is no risk to you.

She can sell her self acquired property without consent of her children. 

As per Shariah Muslims personal law a Muslim women can sell her property without consent of her husband and children's. 

If you having any doubt you can take indemnity bond from her for any future litigations. 

In Muslim law, so long as a person is alive he or she is the absolute owner of his or her property; nobody else (including a son) has any right, whatsoever, in it. It is only when the owner dies- and never before-that the legal rights of the heirs accrue. There is, therefore, no question of a would be- heir dealing in any way with his future right to inherit.

An attestation of an instrument by a witness only signifies that the attesting witnesses have seen the executant sign the instrument. Such witnesses are not parties to the transaction, they are not deemed to possess any knowledge of the contents of the instrument nor are they deemed to give consent to the contents of an instrument. Therefore, any person attesting an instrument is only a witness to the signature and not a witness or consent to the contents of the instrument of the transactions contained in the instrument. So you can buy the property from her.

No matter if she 67 years old, if daughter is not ready as a witness other relatives can be signed as a witness. 

1) if money has been paid to builder from her bank account then it would be her self acquired property 

No consent of the husband or children is required at all

The lady can sell her own property to anybody she wishes

The husband and children are not even required to sign as witnesses 

The restriction against such alienation is only when a property is bequeathed by a Muslim 

That too if the bequest is in excess of 1/3rd of the estate

In your case that is not the case

The family members of seller owner have no right whatsoever in this property 

By taking consent from them, is like recognising some right in them in the property which they dont have in the first place

You can simply issue public notice in local newspapers informing about your intent to buy this property and inviting objections from public against the proposed sale

Ask the lady to disclose the source of her income using which she purchased this property to rule out any contributions by her family members 

Dear Sir,

In view of the following she has absolute right and no body can claim her property during her life time, source of acquisition is immaterial.

Muslim Woman's Right To Property

Every religion practiced in India is governed by its respective personal laws – which includes property rights as well. However, Muslims in the country do not have codified property rights and are broadly governed by either of the two schools of the Muslim personal law – the Hanafi and the Shia. While the Hanafi school recognises only those relatives as heirs whose relation to the deceased is through a male. This includes son's daughter, son's son and father's mother. The Shia school, on the other hand, favours no such discrimination. This means that heirs, who are related to the deceased through a female are also accepted.  

In a recent development, a public interest litigation has been filed asking for an amendment in the Muslim personal law on inheritance, alleging that Muslim women are being discriminated on the issues relating to sharing of property in comparison to their male counterparts.

The petition claimed that a bare perusal of the law shows that a wife should receive 1/8th of the property of her husband on his death if they have children. In case there are no children borne out of marriage, she is entitled to 1/4th of the property. A daughter will receive half of the share of a son. In stark contrast, the men receive 1/4th of the property of his wife on her death if they have children. In case there are no children borne out of the marriage, he is entitled to half the property. A son receives double the share of the daughter, the plea alleged.

The petition further states that the discrimination based on customary law as well as the statutory law violated Muslim women's fundamental right to equality enshrined under Articles 14, 19, 21 and other relevant provisions of the Constitution. The plea contended that Article 13 of the Constitution included personal laws, including Muslim personal laws.

The Delhi High Court has now sought the Centre's response on the PIL filed by advocate Raghav Awasthi.

Property rights of a daughter in Islam

Under the Muslim law, the rules of inheritance are rather strict. A son takes double the share of a daughter, on the other hand, the daughter is the absolute owner of whatever property she inherits. If there is no brother, she gets half a share. It is legally hers to manage, control, and to dispose it off as and when she wants.

She is also eligible to receive gifts from those she would inherit from. This is contradictory because she can inherit only one-third of the man's share but can get gifts without any hassle. 

Till a daughter is not married, she enjoys the right to stay in her parents' house and seek maintenance. In case of a divorce, charge for maintenance reverts to her parental family after the iddat period (approximately three months) is over. However, if her children are in a position to support her, the responsibility falls on them.

Property rights of a wife in Islam

In the famous Shah Bano case, the Supreme Court had held that in case of a divorce, it is the responsibility of the husband to make reasonable and fair provision to maintain his former wife even after separation under Section 3 (1Ha) of the Muslim Women (Protection of Rights on Divorce) Act, 1986. This period extends beyond iddat as the woman retains control over her goods and properties.  

In the event of the death of her husband, a widow gets the one-eighth share (in case there are children) but will get one-fourth share (if there are no children). If there is more than one wife, the share may come down to one-sixteenth. 

Property rights of a mother in Islam

A Muslim mother is entitled to inherit from her children, if they are independent. She is eligible to inherit one-sixth of her dead child's property if her son is a father as well. In the absence of grandchildren, she would get the one-third share.

What more?

There are other provisions, too, in the law which ensure financial security of a Muslim woman.

The maher (entitlement) under Islamic law

Maher is the total money or property that a wife is entitled get from her husband at the time of marriage. There are two types of maher: prompt and deferred. In the former case, the amount is given to the wife immediately after marriage; in the latter, the amount is given to the wife when her marriage has ended, either upon the death of her husband or by divorce.

The wasiyat (will) under Islamic law

A Muslim cannot give away more than one third of his/her total property through a will. In circumstances where there are no heirs in the estate as prescribed by the law, the wife may inherit a greater amount by will. 

The hiba (gift) under Islamic law

Under the Muslim law, any type of property may be given as a gift. For a gift to be valid, a declaration of the wish to make the gift must be made which should be accepted by the receiver.

See you can make an indemnity clause in the deed if any claim on property is raised then seller shall indemnify you. And further pay the cost.

Along that can seek necessary information from seller on purchase of property.

That you can't find out. They need to reveal that if you not sure that it is her self acquired Property you can take an indemnity bond from her for the same. It is better to take NOC from all other legal heirs if any if you are doubtful.

Even if she have inherited the property from her parents, her children have no claim. She can sold it to any. No concept of ancestral property in Muslims.

If it was her self acquired property then she need not take the permission or consent from her children to sell this property to a third person.

You can proceed with the purchase if other things are satisfied.

You may better obtain a legal opinion before purchasing the property.

Actually there is no necessity to obtain signatures from her husband or son as witness, while so, her daughter's signature is not essential, let she claim anything in future, it is not maintainable in laws or facts.

There is no question of family income or benami transaction when the property has been registered on her name.

Dont stretch your imaginations too far, you can proceed if other things are satisfied.

You need not go by any background verification in this connection. The recitals in the registered sale deed will be clear about the mode of payment made by her for this purchase, that will satisfy all such requirements .