Maintenance.
Net
(Querist) 23 August 2012
This query is : Resolved
Respected Sir, This is on behalf of friend, My friend is a Christian female and married to a Muslim guy 10 years ago, and they have a 10 years old son. They had applied for a divorce ( mutual ) 2 years ago. Her husband had agreed to pay her an alimony and take care of the maintance of the child. Thou Her husband is taking care of the childs maintance , however the alimony is not paid. As her husband lost his job and accumulated a lot of debts. The divorce is pending in the court due to non payment. His parents have a house ( Fatherinlaw's self earned property) , They have 2 sons and 1 daughter, My friend’s husband is the eldest one. We got to know that they are planning to make a will of the property to there daughter and one son ( My friend’s husband is not been given any share or money ).
My query is, Can my friend request for a share for her son ( grandson to the property owners) ?
Is there a way she can challenge the will if executed.
Your advise will be a greatly appreciated and can save my friend’s and her child’s future
ajay sethi
(Expert) 23 August 2012
a muslim cannot bequeath more than one 1/3rd property by will . rest have to go to legal heirs . so the son cannot be disinherited .
as far as recovery of maintenance arrears are concerned has any order been passed by court for interim maintenance ?
Net
(Querist) 23 August 2012
Thank you for the response sir, Since both the parties have approcahed the court through the common lawyer, the negotiations are at the lawyer's office. Since my friend's husband has requested for sometime to settle her money, My friend didnot challenge the case further in the court for her alimony. However her hsuband is taking care of the maintanenace of the child. And her husband does not want to pressurise his father for the share in the property as his father is not doing good in his health. So can my friend move a request through the court for a share for her child.
Since you mentioned above that "a muslim cannot bequeath more than one 1/3rd property by will" Can her husband request for the share through the court?
Nadeem Qureshi
(Expert) 23 August 2012
Dear Querist
A Moslem upon his death may leave behind him a numerous body of relations. In the absence of certain determinate rules, it would be extremely difficult to distinguish between the inheriting and the non-inheriting relations. In order to obviate this difficulty and to render it easy to distinguish between the two classes, it is the general rule and one capable of universal application, that when a deceased Moslem leaves behind him two relations, one of whom is connected with him through the other, the former shall not succeed while the intermediate person is alive. For example, if a person on his death leaves behind him a son son’s son, this latter will not succeed to his grandfather’s estate while his father is alive. Again if a person dies leaving behind him a brother’s son and a brother’s grandson and his own daughter’s son, the brother’s son, being a male agnate and nearer to the deceased than the brother’s grandson, takes the inheritance in preference to the others.
If the father is alive the grand son can not claim in grand father's property.
Feel free to call
ajay sethi
(Expert) 23 August 2012
if husband is taking care of maintenace of child and you ahve common lawyer who enjoys trust of both parties he will work out amicable settlement . dont worry he will pay . husband cannot request for share through court
