Will’s and inheritance
yusuf
(Querist) 24 June 2013
This query is : Resolved
My father is thinking of drafting his last and final will.
He has 4 children (3 sons and 1 daughter) are from his current and first marriage that are living in UK but are NRI status (non resident Indians) of Indian origin, and 2 children (2 sons) living in India are from his 2nd marriage making total of 6 children.#
His 2nd marriage has been dissolved and divorce was settled in 2003. In the divorce settlement at the time both sons from 2nd marriage were given share of father’s property which was demanded by ex wife (again determined as per court decree).
The 2 sons from 2nd marriage have not been good sons, and have caused much harm to father by way of mental and physical manner fathers age is 75 years. They have also committed criminal fraud and have laundered over Rs25,00,000-00 possibly more from father’s bank account over past year by forging fathers sign on father’s bank account cheque book. They have also taken advantage of fathers vulnerability. All this with the advice of the ex-wife who has misguided for self enrichment through wrongful means.
Father who is Muslim by religion would like to make final will in favour of 4 children (3 sons and 1 daughter) from current and 1st wife only, he wishes to exclude the 2 sons from 2nd marriage from ex wife. He will also be attaching an affidavit stating why he wishes to exclude with his reasons.
He has been given advice by friend, even though property was given to 2 sons from ex-wife in 2003 as settlement, they still have right to inherit property after the demise of father even though father excludes these 2 sons from will.
This is because the Indian “Succession Act 1925” does not apply to Muslims when drafting a will as Muslims are governed by “Mohammed law” the Muslim law.
The property in question is both agriculture land and residential property.
My questions are:
1. Does father have any control of what happens to his property after his death according to Indian law?
2. Can father exclude these 2 sons from will?
3. How can father avoid from 2 sons inheriting his property and wealth?
Devajyoti Barman
(Expert) 24 June 2013
1. Yes
2. No, without their consent.
3. Not possible without their consent.
Adv Archana Deshmukh
(Expert) 24 June 2013
1. Does father have any control of what happens to his property after his death according to Indian law?
Ans-- No. He can make a will only to the extent of 1/3rd of his property.
2. Can father exclude these 2 sons from will?
Ans--Yes, but they will take share in the rest 2/3rd property.
3. How can father avoid from 2 sons inheriting his property and wealth?
Ans-- By selling off the property during his lifetime...!!!!
yusuf
(Querist) 24 June 2013
Even thougbt property has been acquired in fathers life time
Adv Archana Deshmukh
(Expert) 24 June 2013
Yes, this is so even if the property has been acquired in father's life time.
prabhakar singh
(Expert) 24 June 2013
Any muslim has absolute right of inter vivos
transfer in respect of any property self acquired or inherited.
Inter vivos transfer are those where title passes spontaneously after the execution of the deed in the very life time of the owner which INCLUDES NOT ONLY SALE BUT A HIBBA TOO.
AS REGARDS TO WILL OR A HIBBA MADE ON DEATHBED THE VALIDITY THEREOF IS RESTRICTED TO 1/3RD UNLESS DEPRIVED HEIRS OR RESIDUARIES ASSENT TO THE SAME.
