Forced to Sale Inherited Property

[adnanahmmad]

AOA,

When a deceased person leaves property and it has multiple beneficiaries, it could be a start of trouble. The beneficiaries have to make decisions about the property, such as who should live in it and whether they should sell it. Same is the case with me especially the house that my grand father left, holds sentimental value to me.

I am not sure what law says about it but i have no power to buy it (worth around 3 million in a village near Lahore). While others are forcing me to either buy it or sale my share to them. I want to know what are my rights in Islam and what court will decide whether one party has the legal grounds to force a buy out or a sale.

Thanks A Lot.
Ahmad

[capsat]

Strictly speaking in terms of law of land & religious process for heirship distribution.

1. Within 7 days of death of a person a list shall be prepared for heirship distribution among boys, girls & widow ~ widower
2. upon submission of death certificate to Nadra & Nadra Death certificate issuance, heirs need to apply at court for succession certificate with names of all people deceased left behind, at court to be acknowledged as legal heirs.
3. Based on that succession certificate every immovable asset in the name of deceased becomes property of share holder aka legal heir.
4. The property left by the deceased shall be valuated to existing market value, freezed for certain period of time on paper before offered to be sold in open market.
5. Legal heirs get 1st priority to buy out other share holder if he/she is willing to sale. [ an amicable negotiation is always way out ]
   -
   religion & law of land does not acknowledge emotions & sentimental values.

   • Please let it go you may not be needing money but you have no idea how much others may be in need of it ?

Please contact nearest Darul-Uloom of your faith and seek guidance for heir ship distribution among sons, daughters, widow.

my school of faith tells me that heirship be distributed within 45 days of death of deceased if there is any disagreement / dispute among the legal heirs. If all agree to certain terms, property remain intact but in name of legal heirs.

The law of land is that the property in name of a deceased not occupied a legal heir can be forfeited by the Government ex-party., if not transferred to legal heir or a buyer, within 720 days

[AZEEMMAJEED]

There are only 2 ways either you buy it or you sale your share as the house completely doesn't belong to you so you can't let your willing over come others in majority

Or the share of the house if possible could be kept by you if it's made in a way that it is dividable

Sent from my iPhone 6 using PW Forums mobile App

[adnanahmmad]

I am being thrown out of the house while they want to keep it (my cousin brother). Cant i ask them to devid the house into two. Isn't it legal and not unislamic?

[capsat]

property belongs to your grandfather, ?
you are not legal heir but your father & uncles. so the dispute is between you and your cousins ? or your father other legal heirs?
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i mean no disrespect or disregard to your father & other legal heirs, however i see you & your cousins as 2nd tier heirs, who LEGALLY have no right to occupy or encroach upon such property, it shall be disposed off to avoid any bad situation. if you have legal paper work & evidence of heirship hire a lawyer & seek injunction order.

put it as disputed property so it can not be disposed off without presence of all legal heirs of 1st tier or their subsequent heirs in 2nd tier.

5 years minimum 25 maximum it will take for court to decide., you go on with your routine and forget that property

[adnanahmmad]

House originally belongs to Grand father(no alive).
After grand father, house was transferred to My Father (not alive), My Uncle(not alive), My Grand Mother(not alive) and My Aunt(she is alive). House is not transferred further after the death of my father, uncle and grand mother.

Now my Uncle's son wants to get rid of me. With this he is also claiming that around 13 years back his father did some construction work so he owed some more money then his portion in right. The real issue is not that, I have strong attachment toward this house and i want to buy it some day but now i dont have much resources.

[juventus]

@capsat is right ... The good way is to settle the issue amiabely between both parties and if youcan't purchase the property then i am afraid you have to sell your shares as the other party your cousin doesn't want to share it... Also it will create further problems in your family due to uncertain ownership status .... My grandfather passed away in 2001 and uptill now case is pending in session court about property ...

[adnanahmmad]

They dont trust me and i dont trust them. Thing cant be settled between us. I surely need a legal help but i am not sure about my rights.

[anon36782927]

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[capsat]

the post above by the respected member is the right course of action.

detach yourself & contain your emotions the life after death is of prime more importance while referring to Quran Paak I suggest you read surra nisa with tarjuma to seek guidance & clarity for heirship.

you have emotional attachment to property emotions as in prime value or shifting the dead making it dargah ??

allow me to ask when was the last time you payed a visit to grave of your father & grandfather cleared the trash & animal manure from it sprinkled some water and recited some fateha. be honest please ! be realistic

before i go further raw & rude I beg to leave this thread...

[adnanahmmad]

Thanks Capsat, Uzeem and others for good advice.

I spent good and bad days of my childhood with my parents, grand parents in that house so i do not know how to separate from or contain my emotions. However, I have surely no intention to harm anyone or deprive any one from their rights. On the other hand i fear at the end of this mater i will be the one who will loose and effected as i have less knowledge in this domain and other party is stronger and have intentions to make me leave. This is all i want to say on this and will not post again.

Thanks.

[ch.talal]

Hey buddy let me tell ya, just let it go if your cousins are not agreeing. Get your share (your father's share shall be furthered divided among your siblings and your mother will also have her share). If you go to court, you will waste time and money and would have to wait years before any result. Yup! that's our judicial system.
I live in a house in which there are two owners involved owning equal halfs. So, any day if one owner dies, the house will automatically be transformed to his children. In case of death of other owner, his children may force us to sell the house and give them their share. But if we settled brotherly way, there would be no mess. Otherwise, we would have to leave.

[anon36782927]

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