Can you purchase a property from a Muslim man without the consent of his children.

 I have come across this query many times. There is always confusion among the buyers as to whether they need to take consent signature of all the children of a Muslim vendor when purchasing immovable property.

Most buyers believe that, to be on the safer side and to avoid future litigations in the form of family partition suits it is necessary to take the consent of all the children of the Muslim seller. This presumption becomes even stronger when the property is their ancestral property.

To clear this confusion it is necessary to understand the difference the Hindu personal law and Muslim personal law. In matters of property and inheritance the parties are governed by the personal law applicable to them.

In case of a Muslim seller, Muslim law is applicable. Muslim personal law known as Shariat Law governs inheritance among Muslim families. Under the Shariat law the right of a legal heir i.e the wife or sons or daughters comes into existence only after the death of ancestor. 

And the Shariat also does not distinguish among self acquired property and ancestral property. All the property which a Muslim man owns whether self acquired or ancestral belongs to him absolutely. His legal heirs will not have any right in it.  

Which means that the sons and daughters of a Muslim man will have no right in his property whether it is his self acquired property or property which he inherited from his ancestors.

 Wherefore it is not necessary or compulsory to get the consent signatures of all the apparent-heir while buying a property from a Muslim vendor.

The Muslim Shariat law is quite different from Hindu law when it comes to gifts, wills and other forms of transfer of property among the members of a Muslim family.

 Always consult a lawyer before entering into sale agreements or sale deeds to avoid future litigations.