• Muslim personal law

I need clarification on following point. I have apartment in Bandra on joint name with my wife and I am under impression that after my death she becomes sole owner. However, recently I was told that as per Islamic law of India she could get claims from my family members. 

Would a will make her full owner of my share?

Or is there any other way?
Asked 8 months ago in Property Law from Greater Mumbai, Maharashtra
Religion: Muslim
1) Muslim can under will bequeath only one third party of his property .

2) you can execute gift deed or hibanama in favour of your wife during your lifetime 
Ajay Sethi
Advocate, Mumbai
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iF YOU HAVE NO LEGAL HEIR LIKE CHILDREN AND MOTHER THEN SHE BECOMES ITS SOLE OWNER.
To make her sole owner you may though relinquish your half share in it in her favour.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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1) the Holy Quran states "Allah has purchased from the believers their  persons and their wealth in lieu of Jannah." Man is a trustee of the   wealth that he owns for he duration of his life. When his term of life  expires, his trusteeship over his wealth and property expires. It has then  to be redistributed in accordance with the directive of The Absolute  Owner ­Allah Taala 


2)  wife takes a one-fourth share in a case where the couple are without lineal descendants

3)  in other words A childless Muslim widow is entitled to one-fourth of the property of the deceased husband, after meeting his funeral and legal expenses and debts.

3) your parents , siblings would also be entitled to share in your property 
Ajay Sethi
Advocate, Mumbai
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Would a will make her full owner of my share?

As per Muslim personal law you cannot bequeath your entire property by a Will (Vasiyatnama) in her favor, the bequest can be made only to the extent of 1/3rd  so dont do that mistake. 





Or is there any other way?

You can execute a gift deed during your lifetime transferring your entire share in the property in her favor and though it is not necessary to be registered as per Muslim law, you make it doubly confirmed by registering the gift deed so executed. 
T Kalaiselvan
Advocate, Vellore
14057 Answers
127 Consultations
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Under muslim law who all are considered as legal heirs of a deceased person. I am very confused. Please help. Is it only children and parents or brothers and sisters of the deceased as well.
 Under Muslim personal law, the list of legal heirs will extend to brothers and sisters too in the name of distant kindred. 
However in practice, people generally do not extend it beyond their own wife(s) and children and mother (if alive)_.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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1. After your demise your legal heirs will succeed to your share in the apartment whereas your wife will continue to be the owner of her share. You are free to make a will in her favour. 

2. The Holy Book in Sura 4 Verse 7 says, "From what is left by parents and close relatives, there is a share for men and a share for women, whether the property left behind be small or large and this share shall be fixed."
The legal heirs are (1) Husband, (2) Wife, (3) Daughter, (4) Daughter of a son (or son's son or son's son's son and so on), (5) Father, (6) Paternal Grandfather, (7) Mother, (8) Grandmother on the male line, (9) Full sister (10) Consanguine sister (11) Uterine sister, and (12) Uterine brother.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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As per Islamic Law, the legal heir of the deceased with be share holder of the property of the deceased.

first of all his wife and child, if there is no wife and child then other relatives, like mother, father, brother and sisters.

Feel free to Call
Nadeem Qureshi
Advocate, New Delhi
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130 Consultations
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Will is best option but should be registered, after the will she will be sole owner of the property after your death
Nadeem Qureshi
Advocate, New Delhi
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130 Consultations
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there is no joint property concept in muslim law, woman is entitled for 1/2 share than male heir. all relatives nearer to the deceased replace remoter relatives. for example if deceased left one wife and two son and one daughter and father-mother then property will devolve as :
wife = 1/6
daughter = 1/6
each son = 1/3 
father-mother will get no share because deceased wife and children are more nearer than father-mother.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
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