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If a joint tenancy is established, after the husband's passing, the wife can obtain the house. If the wife sells the house, is the husband's share required to be distributed according to faraid?
muis
In a joint tenancy arrangement, the ownership interest of the property typically includes a ""right of survivorship."" This means that when one of the joint tenants passes away, their property share will automatically transfer to the surviving joint tenant(s), in this case, the wife. As a result, the husband's share in the property does not form part of his estate and is not subject to distribution to his Faraid beneficiaries.
In joint tenancy, the property shares pass outside the probate process and, in this context, outside the scope of faraid. However, it is essential to consult with legal and religious experts to ensure that the specific legal and religious requirements are met in your jurisdiction, as the application of property and inheritance laws may vary.
For more related questions, visit: https://ask.gov.sg/muis.
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