Property dispute
SAMEEN SHAHID
(Querist) 16 May 2014
This query is : Resolved
Hi,
I am a Muslim.My father has 2 wives. I am eldest son from first wife. My father(no more) had made a will assigning his ancestral property to his 4 sons ( One me and 3 from the 2nd wife)and also his 2nd wife. The entire management of the property has been left to the 2nd wife.
My mother(first wife) has been devoid any share in property and also assigning management of property to the 2nd wife and thereafter to her son has caused a lot of resentment to us. We believe that the entire proceeds from the property will be usurped by the 2nd wife and her sons.
What legal discourse we can use to nullify the will and what is the remedy available for us to claim equal share in the property ?
Shall be highly obliged for the advice.
Regards,
Sameen
ROHIT SHARMA
(Expert) 16 May 2014
Dear Mr. Sameen Shahid,
1. The facts are quite clear.
2. The Will stands as true to what it contends. Yet, there is a disparity that can be agitated.
3. Your Mother need to file a civil suit u/s 34 of the Specific Relief Act, 1963, seeking a declaratory decree as for to ascertain her legal right to maintenance from the ancestral estate which her husband had bequeathed to other legal heirs excluding your mother. In short this would imply that the subject and the object of the Will in context becomes contentious and needs to be agitated.
4. The question in law that needs to be imploded is that whether the testator was legally entitled to make a Will of an ancestral property ?
5. If need be contact this lawyer for further private consultation.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 09824047971.
E-Mail : lawgate1349@gmail.com
Sankaranarayanan
(Expert) 16 May 2014
yes your mother should file a civil suit as menntioned by expert Rohit sharma ji u/s 34 if the specific Relief Act
Lawyer SALEEMA KABEER
(Expert) 16 May 2014
No muslim can execute will inrespect of his entire property. It doesn't matter that whether it is ancestral or self acquired property.
Though a muslim executed a will inrespect of his entire property, it is valid only for 1/3 of his property alone.
Therefore, legal proceedings can be initiated for getting relief.
