maintenance to Mohmedan widow.

PALNITKAR V.V. (Querist) 12 March 2009 This query is : Resolved
Whether a muslim widow is entitled to claim property rights for her minor son. The family was joint at the time of death of her husband. They had family business. However, all the business is in the name of father in law.

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sanjeev murthy desai (Expert) 12 March 2009
Dear Sir,

Thereis no provision of Mahomedan law recognising a joint family and the theory of representation in not known to the mohamodan law.

Maimum Bivi V/s O.A. Khoja Mohideen IMLJ 266 (70) A Mad.200.

adv. rajeev ( rajoo ) (Expert) 12 March 2009
I agree with sanjeev

M. PIRAVI PERUMAL (Expert) 12 March 2009
I agree with you Mr. Desai.

PALNITKAR V.V. (Querist) 12 March 2009
I know that the joint family concept is not there in Mohamedan law. what i have said that they had family business. I think it conveys that the members of the family were doing the business jointly. Does it not mean that the members of the family had contribution in the business i.e. labour as well as money. If that is so, is it not akin to partnership. If it is like partnership, then is the minor not entitled to succeed to the estate of his father i.e. partnership profits etc.

Kamlesh soni (Expert) 12 March 2009
I agree with sanjeev but still the question is not fully answer

G. ARAVINTHAN (Expert) 13 March 2009
Maintenance of Muslim widow can claim maintenance from her father in law as she can get the maintenance from her husband's share from the joint family properties..

Details in Shah Banu's case..