Hey sifu anyone with law knowlegde in property can help me?
The scenario is:
- i am chinese
- my bro is going to marry a Muslim woman and converting to Islam
- if my bro pass away, the house will pass to his muslim wife

Question:
1) if my bro wife pass away, the house will go to her family member? (Brother sister)
2) can my siblings get the house? Since its already under her name.
3) if i add my name in the house together with my bro now, can i get the house if anything happen to my bro? The name of the house will be muslim name and chinese name..

Serious pls, dont trolll me... thanks...

1. it goes to the next kin (childrens first then siblings)
2. no (yes, if she's willing)
3. it should go to u, but due to ur bro converting, there should be some court proceding and court will decide, i think either u pay her or she pay u or sell house and divide the money

anyway, who's house is it?
under who's name and who's paying for it
and if u're really want that house, why dont u ask ur bro to transfer name to u before he marry her

This post has been edited by ghuzzy: Apr 25 2017, 10:47 PM

1. Sorry forget to mention in the scenario if my bro dont have any children. My wife's siblings will get the house if both of them not here anymore?
2. The house will be under her name if my bro not here anymore, can a bumiputera house change to non bumi in this case?

Thats my brother house, but my mom worry that the house will pass to his wife's siblings if anything happen to both of them ( if they dont have children). We want to avoid that.

1. depends on which name that house was when both of em passaway
2. that house should be non bumi lot, because ur bro bought it before marrying her right, if that house name changed to his wife, it would still be non bumi lot

if u and ur mom worried bout that, then ask ur bro to make a will, both him and his wife

i dont think muslim court follow the will--Hukum Faraid


This post has been edited by lucerne: May 1 2017, 04:07 PM

If your bro become a Muslim, then Faraid law takes precedence when it comes to wealth distribution

1. YES! But the amount depends. If she has a son with the brother, then a lot would go to the son, and very little to the others (including her). Please check here http://faraid.usm.my/msl/default.html

2. If your bro makes a wasiat, he can allocate up to 1/3 of all his wealth to ANY PARTY that he wants. If I am not mistaken, the beneficiary CANNOT be non-muslims, except for the condition I said earlier (the 1/3 allocation)

3. Depends, if you own half of the property as per SPA, you own that outright. only your bro's portion will be up for division, and if the executor deems that the 1/3 (that your brother granted you) is enough to cover half the house price then you may get it.

It all depends on how willing your brother is bro.