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MRA lawyersclub (managing director)     17 June 2012

Answer as per property sharing for muslims in india..

Dear sir,

 my friends  late father an indian muslim has a self earned immovable property ( A house).he had divided the house in three separate portions for  my friend,friends mother & friends elder brother in his registered dead will.But Later on my friends elder brother left the house along with his wife after some arguments with his  father & mother even other wise his elder brother is irresponsible right from beginning .So after he left house with his wife & did not turn up for 4-5 years & did not turn up even when my friends father was sriously ill then my friends father decided to change the will deed & he just torn the copy of the will he had with him(other copy was with the advocate) he said after him property will go to my friends mother .But now my friends  brother after so many years of his fathers death is fighting with my friends mother for his share in property & my friends mother don’t want to give him any thing as he is irresponsible.Now does my friends mother has rights to give property to whomever she wants? Can she write a dead will to hand over her property to any specific person like to my friend or  to my friends sisters ( my friend has five sisters all are marreid)  or anyone else?  Plz answer my query from point of view of  laws applicable to muslims of india.



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 June 2012

Dear Querist, 

Let me set things in perspective :-

As per Shariat Law - a Muslim whether Shia or Sunni cannot dispose off more than 1/3rd of his property by will. For eg : If X a muslim has 3 plots of equal value he can give only one via will. If he gives three - after his death all his heirs (here the mother/children) would be asked whether they agree for the bequest taking effect for more than 1/3rd if they say yes then only it takes effect for the entire property. In the present case - Mother can at best suceed to 1/3rd of the estate and if younger brother consents 2/3rd of the estate - remaining 1/3rd is still owner by elder brother.  One thing that can circumvent is to claim that the property ahd been gifted in teh lifetime itself to mother - (note muslim gift can be oral). 

 

Feel free to talk !

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 June 2012

Dear Querist, 

Let me set things in perspective :-

As per Shariat Law - a Muslim whether Shia or Sunni cannot dispose off more than 1/3rd of his property by will. For eg : If X a muslim has 3 plots of equal value he can give only one via will. If he gives three - after his death all his heirs (here the mother/children) would be asked whether they agree for the bequest taking effect for more than 1/3rd if they say yes then only it takes effect for the entire property. In the present case - Mother can at best suceed to 1/3rd of the estate and if younger brother consents 2/3rd of the estate - remaining 1/3rd is still owner by elder brother.  One thing that can circumvent is to claim that the property ahd been gifted in teh lifetime itself to mother - (note muslim gift can be oral). 

 

Feel free to talk !

MRA lawyersclub (managing director)     18 June 2012

Thank you so much for your detailed reply sir, But if mother is staying in the same premisis after the declaration of gift to younger or elder son ( son may have full control over the property ) & she unfortunately dies in the same premises ( house) then will this gift be valid?


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