harassed by wife for demand of money

677 votes

Dear Client,
Please note the estate of a muslim dying intestate devolves under the Islamic law upon his heirs at the moment of his death i.e. the estate vests immediately in each heir in proportion to the shares ordained by the personal law and the interest of each heir is separate and distirct. Each heir is under the personal law liable to satisfy the debts of the deceased only to the extent of the share of the debt proportionate to his share in the estate . A creditor of a muslim dying intestate may sue all the heirs of the deceased, and where the estate of the deceased has not been distributed between the heirs, he may execute the decree against the property as a whole without regard to the extent of the liability of the heirs inter se.

In your case, the property is already gifted (via registered deed) by your father, hence nothing remains. Don't fight, take the issue diplomatically. If the third wife is aggravated, let her file the case. Chances of wining the case for her are very less.

Expert Jurist LLP

Advocate JV Bhosale LawRato

912 votes

Good Afternoon! As you mentioned that your father has registered a gift deed for your mother that means he has transferred the flat in your mother's name while he was alive and the same was registered in the presence of the Registrar of Assurances. Plus, the society has also done the needful. Therefore, you need not worry as the ball is in your court. As for your step mother, she can file a suit but she will not succeed. I would advice you to file a police complaint against her that she has been threatening you and your mother.

Advocate Menaz Maqbul Shaikh LawRato

991 votes

If your late father gifted the property to his first wife who happens to be your mother, in that case why are you worrying about paying any compensation to his other wives? If the said property has been gifted through a valid deed then where is the question of others staking a claim on it. What have you paid to the other wives and on which ground?

Advocate Pipli Datta LawRato