• Property purchased by sibling

I married my Muslim husband in 2013 when he was a prisoner. My brother purchased a home in 2015 for myself and my children (my husband is not the biological father of my children but is a great dad). My husband was released from incarceration in 2017. My question is: does my husband have any say so over the sell or refinance of the home? Can he demand that I sell or refinance it? Note: It is fully paid for, free of any debt or interest. As a Muslimah, I am seeking the Islamic Law. I’m I in error for not wanting to change the financial status of the home that my family provided.
Asked 10 days ago in Property Law
Religion: Muslim

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7 Answers

The property belongs to you legally as per the muslim law. He doesn't have any say in the property. 

The muslim law says to obey your husband but upto what extent that is something which the religious scholars would tell you.

Legally you have an absolute right over the property.

Rahul Mishra
Advocate, Lucknow
13678 Answers
62 Consultations

5.0 on 5.0

No he doesn't have any right till you are alive and if you don't make him your legal heir

Prashant Nayak
Advocate, Mumbai
26719 Answers
80 Consultations

4.4 on 5.0

You are absolute owner of the property 

 

2) you are at liberty sell the property during your lifetime 

 

3) your husband cannot restrain you from selling the property 

Ajay Sethi
Advocate, Mumbai
87215 Answers
6050 Consultations

5.0 on 5.0

The immovable property purchased by you on your name by a registered sale deed shall be your own and absolute property. 

Nobody can claim any share in it as a right including your current husband or previous one. 

T Kalaiselvan
Advocate, Vellore
77368 Answers
1460 Consultations

5.0 on 5.0

The concept of joint family property/ancestral property is not accepted under Muslim law. Right of family members arise only after the death of  owner of property. He is  entitled to ¼ share in the property as you have children. His (husband) claim will crystalize only after death of  wife. In the lifetime of wife Husband have to right/say over house in your life time.

Ravi Shinde
Advocate, Hyderabad
2315 Answers
37 Consultations

5.0 on 5.0

Dear Client, 

You have an exclusive right over your individual property. Unless you gift it in part or wholly to him.

Thank You

Anik Miu
Advocate, Bangalore
4380 Answers
45 Consultations

4.9 on 5.0

- As per Muslim law, a husband having no right over your property of his wife during her life time, and only after the demise of her , he can claim half or 1/4 of the property. 

- Hence, your husband having no right to restrained you from selling the property which is in your name. 

Mohammed Shahzad
Advocate, Delhi
9478 Answers
107 Consultations

5.0 on 5.0

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