I have a 'bua' viz. sister of my father. She is widow and has no son/daughter.
She was gifted by an bungalow by my grandfather way back in 60s wherein she resides.
She is about 80 years old but has not prepared will or any nomination.
In her relatives except me and my brother, she has 3 brothers of her husband.
This Bungalow is still on her name followed by my grandfather's name and grandfather's surname [not on surname of her husband]
After her death, who can have first right to her property?
3 Answers
Hi,
Under Muslim law, each person has a fixed share in the property. The share of the person will depend on how many survivors are left. These rules differ between Shias and Sunnis.
I believe that your father (brother of your Aunt) will get first right of share in the property.
Dear Sreekant. I am HIndu – perhaps I should have written aunt. Secondly, my father passed away 3 years back. So who can be next to stake claim after her demise?
Hi,
You & your brother can have a claim on the property as it was gifted by your grandfather. But, your aunt's husband's brothers can also go to court and claim a share in the property.
If the relationships are not good, this may lead to legal litigation. Hence, it is advisable to check with your Aunt about her wish and get WILL written as per her wish, so that there won't be any family disputes in future.
You may take legal advice.
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