I'm asking on behalf of a friend(muslim). My friend's parents got divorced many many years ago, and her father just left and got re married. Nobody knows where he is, they are not in contact.

Her mother has been staying at the house all these years which is still under her father's name, but the monthly repayments has been setlled (not by the father). Unfortunately nobody knows where the father is, so is there any way to tranfer the name to her or her mother?

What's the procedure like for this?

This has to be contested in court.

Unless the father is so nice to just simply transfer the house to his ex-wife.

Until the registered owner can be located, there's no way to transfer ownership of the house.

HOWEVER, if unfortunately, one day some 3rd party came with a letter, a S&P, a court order or whatever, claming himself/herself is the new owner of the house & demand vacant possession.

Your friend's mother can defend by claming (in court) that she has a beneficial interest in the house as she's the one who paid the instalments. Your friend's mom won't get the house, but most probably she won't be left empty-handed.

AT THE SAME TIME, since the involved are Muslims, I'm not familiar with Syariah Laws (if the proceedings take place at Mahkamah Syariah).

This post has been edited by scorgio: Aug 29 2008, 12:34 AM

tell your friend's mother to go see a lawyer.

since she is the one who made payments for the house, i think she should be able to caveat it, to prevent her ex-husband from selling it off.

then perhaps she can take action in court to claim back the part of the house she paid for. of course she will need all the proof etc.

YES, find a lawyer or solicitor to settle.

dont nonesense, no matter who made the monthly mortgage. the house still belongs to the stipulated name holder.

IF your father still alive, there is no way to transfer the property without his consent.

conclusion, this will be a very long case.

Thanks for all the advice here.

It's a real mess.....

Go to the land office and check on the status of your house/land hopefully it isn't sold or transferred to someone else

Lodge a caveat with the land office as interested parties... get a lawyer and draft a statutory declaration stating they're paying for and occupying marital asset.

The caveat should prevent the property from being sold behind their backs.

Get a divorce... if possible

is the issue solved?

As i know, when a person missing for some time ( i think is 6 or 8 years without any news) their family can delare the person is dead. Then all the wealth of the missing people will automatically under the nomination or wife or someone by law. Since your frined's mom is the wife, she should get somethings from it.

But still, best is just look for a lawyer and ask for advise. Its abit complicated in this case.

in order to declre someone dead then he has to be missing for 7 years. If you manage to get such a declaration then by following syariah law the division of property willbe as per the syariah principles wherein the division will be divided by a certain formula. There is no way the wife will get 100% of the property.

the best she can do is ask for divorce or go to the syariah courts and seek for maintane or a declaration.If she seeks a fivorce its possible she might be granted ownership but its wise she seeks a syariah lawyer advice