Disposal of property
G. ARAVINTHAN
(Querist) 29 March 2015
This query is : Resolved
If an Indian Muslim ( having a wife and two daughters)dies intestate, his property will be divided among shares and residuaries.
But 'X', an Indian Muslim want his daughters alone to inherit his self acquired properties?
What arrangement he could made for this?
Anirudh
(Expert) 29 March 2015
He will not be able to achieve his objective by adopting the WILL route, because he can at best bequeath only 1/3rd of his property and not the whole of the property.
If he so wishes, he should give it as a GIFT.
Guest
(Expert) 29 March 2015
First of all, your query is of academic type not making clear what is the actual problem.
Secondly, the term "X" is unexplained, whether the Indian Muslim (still alive or have already died intestate) or the wife/ widow of that deceased Muslim?
ajay sethi
(Expert) 30 March 2015
agree with Mr anirudh
T. Kalaiselvan, Advocate
(Expert) 03 April 2015
Under the Mohamedan Law, a Will (Wasiyat) cannot be made in excess of one third of the properties let by the testator or in favor of a heir, No such restriction applies in case of a gift (Hiba). A gift of a property in the possession of a person claiming adversely to the donor is, however valid. A gift can be of the whole of the properties and even to an heir.
