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My mother, a remarried person, died a year ago and house title transferred to my step brother. What can I do?

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asked on Mar 9, 2017 at 06:05
by   reyhannor
edited on Mar 20, 2017 at 05:14
 
My mother divorced my father and they bought house before. The house is under my mother's name. I have two siblings, a brother and a sister.

2 years later, my mother married again and has a son (step brother).

My mother died one year ago and the house ownership has been changed change to my step brother. Six months later my stepfather died. Now house under my step brother and he stays in the house.

What can I do under property law? Please help. I need money.
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7 Answers
answered on Mar 9, 2017 at 10:42
by   vkpc
edited Mar 20, 2017 at 04:55
 
What can I do under property law? Please help. I need money.
You can borrow money from your brother or step brother.
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answered on Mar 9, 2017 at 14:18
by   Yanies
edited Mar 20, 2017 at 04:55
 
2 years later, my mother married again and has a son (step brother) 
Did your mother convert to the Muslim Faith?
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answered on Mar 9, 2017 at 15:02
by   reyhannor
edited Mar 20, 2017 at 05:11
 
@yanies,

My mother is a Malay Muslim.

He won't talk about the house because it is now under his name.
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answered on Mar 9, 2017 at 15:50
by   jeff005
edited Mar 20, 2017 at 05:12
 
what can I do under property law
Go seek advise from a Practicing Syariah Law lawyer.

Even under Civil Laws, once she has transferred ownership, it belongs to your step brother. Nothing much you can do. Under Civil Laws, any division of assets must be declared beforehand during the Divorce, if not it remains in the name of the title deed holder. 

Are you a Muslim? Your forum ID name sounds Indian Malaysian.
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answered on Mar 9, 2017 at 16:14
by   jeff005
edited Mar 20, 2017 at 05:16
 
My mother died one years ago and the house ownership has been changed change to my step brother.

Did your mother died "Intestate" (without a will)?
If she has died intestate, and you being a Muslim, you do have a "small" share (I am not clear about this point) as there were amendments regarding this issues. You are still her children, but your father is not her husband anymore.

Check with a Qualified Syariah Lawyer regarding "Assets Distribution of Muslim who died intestate".
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answered on Mar 10, 2017 at 05:24
by   reyhannor
edited Mar 20, 2017 at 05:18
 
1. My Mother died without will. 

2. I'm Malaysian Muslim (Alhamdulillah).

3. My Mother died before the transfer of house title. Without any information.

I will with a Qualified Syariah Lawyer.

Thanks for everything.
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answered on Mar 10, 2017 at 14:26
by   NeutralPointOfView
edited Mar 20, 2017 at 05:21
 
Unbiased discussion based on Civil Laws (NOT SYARIAH LAWS):

There are many such cases unreported in medias. In the past, many MEN have bought house for the family and paid monthly installments but house under the wife ONLY (to prove his love for her). As in some marriages, things do happen and divorces do happen and the issue of property not properly divided as the children are living in it. There comes a time when a spouse remarries and has extended family and child. Lets denote from the above case, the mother(M), the father(F1), the children (C1,C2,C3), the step father(F2) the stepbrother(C4).

For the above, M dies Intestate. F1,C1,C2,C3 was not duly informed and unaware. Maybe knowing his fate is near, F2, gives up his share of the property, thus paving the way for fast and smooth transfer of title deed to C4. The bone of contention is that whether F2 have given up his share of the property or not. If he has done so (giving up) before his demise, the C1,C2,C3,C4 can have equal shares, subject to other inheritance claims from others.

The Moral of the story. Leave a proper WILL if there is property/assets.

For more information, visit wills.com.my
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