Property dispute due to will written by a muslim
DANIEL
(Querist) 06 February 2014
This query is : Resolved
Sir,
On behalf of my mother-in-law I am asking this query.
My in-laws are from Muslim community. They were married for 32 years upto 2010. Now, my father-in-law expired in August 2011 in a road accident riding two wheeler alongwith my mother-in-law who survived in the incident. Now, my father-in-law left a registered WILL in which entire property donated to brother of my father-in-law. This properties were earned by him alongwith my mother-in-law who is a Govt.servant.
My father-in-law and his brother's family were in a joint family which was owned by in-laws. My in laws has two daughters. Elder daughter married me and younger daughter is studying BDS last year.
Now, my brother of father-in-law is enjoying entire property based on the WILL and harassing my mother-in-law to vacate the house also. Now, she is worst condition deprived of all her rights only surviving with Govt. job and retiring in a year. It is pertinent to mention here that my -in-laws never divorced.
Now, I would like to ask whether she has any right to get her legitimate rights ?
ajay sethi
(Expert) 06 February 2014
muslim cannot bequeath more than 1/3rd property by will .
bequest to an heir: Under Shiite law, Muslims can bequest one-third of their estate without consent of heirs. Consent of heirs is required if bequest exceeds one third of estate. Under Sunni law, bequest to an heir is invalid unless consent of heirs is obtained after death of testator.
A widow is entitled to 1/8th of her husband's property if there are children,A daughter is entitled to half of her father's property if she has no brother.
your mother in law can file suit for partition as bequest made by will is contrary to law
Rajendra K Goyal
(Expert) 06 February 2014
Agree with the expert ajay sethi ji. Your mother in law need to file partition suit to claim her share.
DANIEL
(Querist) 09 February 2014
Thank you for your kind advice Ajai Sethi ji. My mother in law already filed a civil suit challenging the WILL since the WILL is made under mysterious circumstances and after 10 months father-in-law killed in a road accident. We are fighting the case in two points. 1) The will is illegal since the Will is not made as per muslim personal law. 2) The will is not made in good state of mind of father-in-law. The date of making WILL was those period in which my father-in-law's mind was disturbed. Is our move is right ?
ajay sethi
(Expert) 09 February 2014
you have good case on merits . as far as your contention that deceased was not of sound mind you will have to prove the same . you can examine doctor as witness who furnished medical report that your father in law was not of sound mind
