• Inhertiance rights on co-owned property post death of one coowner

My father inherited a property and then he made my mother a co-owner and he is now dead  without leaving any will  

As  son what are my rights on this property , does my mother now automatically becomes the full owner and what are my options in this case , is there any claim for me on this  under a Islamic inheritance  law
Asked 6 months ago in Property Law from Saudi Arabia
Religion: Muslim
1) your mother as co owner has 50 per cent share in property

2) on father demise your mother you and your siblings would inherit father property as per muslim personal law . 
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
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1) you would have share in property . 

2) under section 44 of transfer of property act co owner can sell his share without consent of other co owner 

3) your mother cannot sell the entire property without your consent 
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
As  son what are my rights on this property , does my mother now automatically becomes the full owner and what are my options in this case , is there any claim for me on this  under a Islamic inheritance  law

Your mother will remain owner of half property to which she is a joint owner and in the remaining half she will be eligible to get at least 1/6th share  and you may two shares to one share of your sisters. If there are no other heirs or successors to your deceased father then the property after fulfilling other formalities as per Islamic laws shall be distributed between your mother and you with proportionate share. 
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
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now to sell this property does my mother need to get a NOC from me and my siblings or she can sell without a NOC

Your mother can sell her 50% share in the property without taking consent of NOC from you people and if intends to sell the entire property then as successors you and your siblings have to jointly execute the registered sale deed in favor of the purchaser.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
1. Was your father a Shia or Sunni? The rules relating to succession are different. When every a person dies his property is distributed amongst his family.The laws of inheritance are different for sunni and shia. Under both of these sects first the quranic shares are given to father, grandfather, husband, wife, mother and daughter. There is no quranic share for the son. The son always gets twice that of the daughter. So the ratio is 2:1. Under sunni law the male descendants or ascendants are given preference.This means that if the propositus dies leaving behind a daughter and a brother, the daughter would receive her quranic share and the rest of it would got to the brother. In shia law however there is a class system. The people in the first class override those in the second class. The daughter is in the first class and the brother in the second class. So in the same situation the daughter would take everything overriding her uncle.

2. Therefore under the shia sect the male is not given preference. Even the daughter's daughter would outweigh the brother of the deceased. This is the basic difference of how the property is distributed under the two sects. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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Hi
1.  you have one equal share with your siblings brothers, sister have the half right of what a brother has .

2. Your mother needs  to get NOC from all children if she wants to sell it or transfer  your father's share in her name.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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1. Your mother, being the co-owner is the owner of 50% of te total property,

2. You are entitled to inherit share of your father's share of the entire property alongwith your mother after the demise of your father intestate.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
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1. She can not sell your share of the property,
 
2. Both of you shall have to agree for selling the entire property.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
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