can son sell his share from his deceased father property
7 months ago
can son sell his share from his deceased father property without a consent from his siblings and mother. as there is life threat from my siblings. there is no will on the said property. we are based out of muslim family
A.Dear Client,
In a Muslim family, the distribution of property after the death of a father without a will is governed by Islamic inheritance laws, which can vary depending on the specific Islamic tradition (Shia, Sunni, etc.) followed by the family. These laws typically prescribe how the deceased person's estate should be distributed among the surviving heirs.
In your case, if there is no will, the distribution of the deceased father's property among the heirs would typically be governed by Islamic inheritance laws. The heirs typically include the wife (mother) and children.
Here are some general principles:
Consent for Sale: In most cases, a son cannot sell his share of the inherited property without the consent of the other legal heirs (siblings and mother) unless there is unanimous agreement among all legal heirs to sell the property.
Inheritance Rights: Islamic inheritance laws generally provide specific shares for each category of heirs, such as sons, daughters, wives, and other relatives. These shares are determined based on the deceased's assets and the relationships between the heirs.
Life Threats: If there are life-threatening situations or disputes within the family, it is advisable to seek legal assistance or mediation to resolve the issues peacefully. Engaging with local legal authorities or a qualified attorney can help protect your rights and ensure your safety.
Legal Advice: Given the complexities of family and inheritance laws, it's essential to consult with a legal expert or attorney who is knowledgeable about Islamic inheritance laws in your jurisdiction. They can provide you with specific advice tailored to your situation and guide you on how to navigate property matters and disputes within your family.
Please note that Islamic inheritance laws and practices can vary based on the interpretation of religious texts and local customs.
Thank you.
In a Muslim family, the distribution of property after the death of a father without a will is governed by Islamic inheritance laws, which can vary depending on the specific Islamic tradition (Shia, Sunni, etc.) followed by the family. These laws typically prescribe how the deceased person's estate should be distributed among the surviving heirs.
In your case, if there is no will, the distribution of the deceased father's property among the heirs would typically be governed by Islamic inheritance laws. The heirs typically include the wife (mother) and children.
Here are some general principles:
Consent for Sale: In most cases, a son cannot sell his share of the inherited property without the consent of the other legal heirs (siblings and mother) unless there is unanimous agreement among all legal heirs to sell the property.
Inheritance Rights: Islamic inheritance laws generally provide specific shares for each category of heirs, such as sons, daughters, wives, and other relatives. These shares are determined based on the deceased's assets and the relationships between the heirs.
Life Threats: If there are life-threatening situations or disputes within the family, it is advisable to seek legal assistance or mediation to resolve the issues peacefully. Engaging with local legal authorities or a qualified attorney can help protect your rights and ensure your safety.
Legal Advice: Given the complexities of family and inheritance laws, it's essential to consult with a legal expert or attorney who is knowledgeable about Islamic inheritance laws in your jurisdiction. They can provide you with specific advice tailored to your situation and guide you on how to navigate property matters and disputes within your family.
Please note that Islamic inheritance laws and practices can vary based on the interpretation of religious texts and local customs.
Thank you.
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