Iam a Sunni Muslim from Boisar (Maharashtra) which come under Palghar district. My father died few month ago n IAM having my father simple Unregistered will in plain a4 size paper with 2 witness signature n in which he has given everything to me. I don't have sibling, just me n my mother. So with this Unregistered will, it is possible to get everything on my name. First ,Will talati or tehilsidar transfer my name in 7/12 extract (Saath baara) of Non agriculture land. Usually when husband died, mother n children name are added in 7/12 land extract but with this will, only my name will be transfer or my mother name will also come in 7/12 document. One flat is in society, so society will transfer it in my name or not. Flat is in my father name. Does Govt bank accept Unregistered will for claiming deceased saving account balance.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Muslim can only bequeath one third property by will
2) if your mother gives her consent property can be transferred in your name
3’ ) society may insist that you apply for probate of will
4) offer to execute indemnity bond to indemnify society for transfer of flat in your name . Enclose mother NOC
There is no where mention in the law that WILL should be registered, If its unregistered WILL now first get this WILL probate from court so nobody like Government offices should make objection regarding this WILL. Once you get order from court then you all property whether immovable or movable will be on your name if its mentioned in the WILL.
1. The important point to consider here is, whether your parents got married to each other under the Special Marriage Act or under Shariat Law?.
2. Assuming that your parents got married under Shariat Law, your deceased father, at best, could have bequeathed only 1/3rd share through WILL /Wasiyat to a beneficiary. This restriction helps the Class-1 legal heirs to get the 2/3rd property.
3. Registration of WILL is not compulsory and even an unregistered WILL will have the same legal validity as that of a registered WILL.
4. In the instant case, if your parents had married under Special Marriage Act, then your deceased father bequeathing the entire property in your favour is valid. In the alternative, if your parents had married under Shariat Law, then the WILL will be treated as not in confirmity with Shariyat Law and you and your mother will be entitled to equal share in your deceased father's property. So in this case, your mother's name will also be added alongwith your name in 7/12 record by the Tahsildar.
5. Flat will be transferred in your name and your mother's name.
6. The Bank will accept the unregistered WILL, as Registration of WILL is not compulsory. However Bank may ask for Family Tree or Legal Heirship Certificate to find out the actual family members of the deceased owner.
Yes through will it can be done. Only in someone from you family challenge then there may have issues
1. a Sunni Muslim can make a Will only for 1/3rd of his estate
2. the balance estate will go to his legal heirs as per law
3. however in this case if the other legal heir i.e. your mother consents for transfer of the entire estate to your name on basis of the Will, then the transfer can happen in your name
4. usually the Will has to be proved in Court by filing a petition for grant of letter of administration
5. if the Court grants this LA, then the administrator appointed by the Court [usually it is any of the legal heir of the deceased] will register transfer deed in favour of the legatee named in the Will with the NOC of the other legal heir
6. the registered transfer deed can then be submitted to the revenue authority which will then mutate the 7/12 for the NA land in the name of the legatee
7. similarly the administrator can also make a registered transfer deed for the society flat in the name of the legatee with the NOC of the mother and this deed can then be submitted to society for transfer of shares and flat to the name of the transferee-legatee
8. bank will not accept the Will. You will have to obtain LA grant from the Court. Only then will the amounts lying in the savings account will be transferred to you. However you do not become absolutely entitled to the amount unless your mother gives a NOC. Because as per law a Muslim can make a Will for only 1/3rd and any excess bequest will be disregarded unless it is consented to by the other legal heir
- As per Muslim Law, A Muslim is allowed to give away his entire property, whether the property is self acquired or ancestral, during his lifetime by gift, but only one-third of the total property can be bequeathed by WILL.
- Hence, after the death of your father , his property would be divided upon you and your mother .
- Further, out of 100% share, share of mother will be 12.5%. and the remaining 87.5% will be in your name, even there is a WILL in your favour by the deceased father.
- Further ,as per law, the registration of a WILL is not mandatory , if it is containing two witnesses .
- Further , if you want every thing in your name , then your mother can release her share in your name after executing a Release deed.
- Further , for transfer in your name in 7/12 , you should apply for getting Probate the WILL from the court before the district court , and which can be granted within a short period of time.
- Further, after the death of your father , you can move an application with the death certificate before the society to transfer the said flat in your name , but the society will require a Legal heir certificate from you , and the said Release deed from your mother , if this is not mentioned in the said WILL .
- For getting the bank account amount , either you will have to produce Probate order of the WILL or Succession certificate .
You may contact me via kaanoon.com , if further advise needed.
Will is valid. Registration of WILL is optional. Only your name will transfer for both land and flat.
Yes, bank cannot deny unregistered WILL.
As per basis of Muslim religion and Law, The WIIL made by your father is not valid.
You will have to go as per intestate succession under Muslim law by partition suit for Succession certificate before the Court of Law.
Hi
1) Under Islamic laws, No Muslim can make a bequest of more than one-third of his net assets after payment of funeral charges and debts. If the bequeathed property exceeds one-third, the consent of other heirs is essential (Sunni and Shia laws).
2) A bequest of entire property to one heir to the exclusion of other heirs is void (judgment citation Husaini Begum V. Mohd. AIR 1927 All 340 at p. 340)
3) Where the heirs refuse to give their consent, the bequest would be valid only to the extent of one-third of the property and the rest of the two-thirds would go by intestate succession.
4) So, in your case, if your mother consents to the WILL, then you can claim the entire property which is bequeathed to you by your father by way of executing a registered settlement deed jointly signed by you and your mother for transfer of properties (agricultural land, flat and bank balances etc)
5) So, technically, if your mother chooses to contest the will even by all accounts she will get only 1/12th share of the whole property and you will get the remainder of property .
6) In case of contest , then You will need to file a succession petition in court and obtain letter of administration from the court for all movable (including bank balance) and immovable properties. In the court, you can rely upon the unregistered will and you need to produce one of the witness to testify that the will is genuine.
Hope this information is useful.
According to Sharia, a Muslim can bequeath 1/3rd of his property by way of Will.
If your mother gives consent in writing it can be done.
Society and Bank will not accept un registered Will, as such, they insist for getting Probate of the Will.
In Mumbai, it's mandatory to obtain probate of Will to enforce the Will.
Once you get the Will probated you can get the revenue records transferred to your name in respect of all the properties that have been bequeathed in the Will.
No, will has to be registered in order to be valid.
Regards
Written hibanama which is not registered, is valid in Maharashtra. In hibanama thr r 3 condition laid down. First is declaration of gift by donor, Second Acceptance of gift by donee n third delivery of possession My Uncle die during lockdown n he dint make any will but thr is Hibanama on simple plain paper with two witness signature. It is not registered. He has given Flat and Na land to her daughter. Whether this Hibanama will be valid for getting this two asset ? What is the delivery of possession in Hibanama. Does any proof will be needed from my Uncle daughter for delivery. She is only child of my uncle living with her mother. No sibling. She is living in same flat which her father has given n her father was living in same flat. Na land all legal document r with him but how to show delivery of possession.
Will have to review the documents and perusal of the same is mandatory for legal advice.
We can advice you basic legal issues that are simple and singular.
Multiple questions and documents needs through review and examination to opine issues involved in the matter.
You have multiple questions with multiple documents and propriety is unsettled in the facts.
Chatting on the post would not help us to advice you on serious issues and facts.
Please seek regular appointments for consultation with a lawyer who has grip over the matter.
Unregistered Hibanama is also considered as legally valid document as per Shariat law if all the said three conditions are satisfied.
If she has accepted the possession of the property and made efforts to transfer the revenue records to her name, it can be a valid proof for having accepted the gift.
Hibanama need not be registered
2) it would be valid for transfer of property
3) A donee is said to be in possession of a property when he is so placed that he can exercise exclusive dominion over it and gain the benefits out of it as is usually derived from it
yes its valid as there is no requirement in your personal law to register it
yes its valid for two assets. you just need to follow the necessities of islamic law.
delivery of possession is actual giving possession of the assets.
Underneath Muslim Laws, no person is entitled to make the will of the complete property.
Muslim wants to make a Will he can do it but with the extent of one –third of his total property, which ascertained after the payment of his funeral expenses and debts, etc. in RijiaBibi v Md Abdul Kachem (AIR 2013 Gau 34), held that the Will executed was void as it was not consented by the heirs and all the claimants would have their rights determined in accordance with the law of Inheritance.
hiba of movable or immovable property is valid whether it is oral or in writing; whether it is attested or registered or not, provided that the delivery of possession has taken place according to the rules of Muslim Law.
Delivery of possession of flat can be shown by the fact that the daughter is living in the same flat
Also delivery of possession can be constructive by handing over the original title documents of the 2 assets to the daughter
According to Shariya, Hibaname need not be registered, an unregistered Hibanama is valid.
If the possession is given to the Donee and the Donee is in possession of the gifted property, he / she is enjoying the property and taking benefits from out of it, then there is not need for specific delivery process.
- HIBA is an unconditional transfer of property, made immediately and without any exchange or consideration, by one person to another and accepted by or on behalf of the latter.
- Further , As per Muslim Law , A HIBA of movable or immovable property is valid , whether it is oral or in writing, whether it is attested or registered or not, provided that the delivery of possession has taken place.
- Hence, even an unregistered Hibanama is valid in Maharashtra ,and the said given by your uncle is valid as well , if the transfer of the property has been taken place during the life time of uncle.
- She should make certain documents as a proof of use and occupation of the said property left by uncle.
No becuase a Muslim person can will only 1/3 of his property and rest will be divided among legal heirs as per muslim law of succession.
Here you can claim 1/3 of property through will and rest will be divided among you and your mother as per muslim law and you can ask your mother to transfer her share on your name.
Yes there should be the sign of the witnesses.
Regards
In Muslim law only 1/3 of the property can be given through a will. Your father cannot have made a will. The property shall be divided as per the sharia law.
A hibanama can be shown. Symbolic possession would be sufficient.