Muslim law of property
Sana
(Querist) 10 July 2017
This query is : Resolved
Hi there, I want to know law and rules of Muslim community.My father has 3 children two son and 1 daughter,where as both two sons are still studying and daughter myself is doing job in pune, mother is house wife,now my father has married another woman without my mother's permission.so now I want to ask what does Muslim law says in this situation. My father doesn't ownes property whatever property we have it is our grandfather's and now he says that I will not give that property to us(children) so can any one suggest what is procedure to get that property on name of children's.All children are unmarried and from last 13 month he doesn't even give a single penny for daily basis need for children and wife.Please advice us according to Muslim law
Guest
(Expert) 10 July 2017
Your father has the right to marry up to 4 women of his choice. That is what is the law says. So, that is not an issue.
He also has got no right to alienate you and your mother and brothers from the property. You, your mother and brothers have FULL RIGHT over the property.
You may file a partition suit in the court of competent jurisdiction.
Or else, involve knowledgeable relatives and friends who can prevail upon him on the issue of 'alienating you all from the property'.
Good luck.
P. Venu
(Expert) 11 July 2017
The wife or the children have no right in the property during the life time of the person. In Muslim Law, the property opens up for partition after the demise of that person. As such, the best policy is not to make an issue of the property for the present.
However, the father is obliged to take care of your mother and the minor children.
Guest
(Expert) 11 July 2017
I just like to add that as per my understanding, the property was/is in the name of the (paternal) grandfather, and he is no more.
So, you, your brothers and your parents, including your step-mom can be parties to a civil suit if an honourable and amicable family settlement is not in sight!
