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(Guest)

Complicated muslim will case

1)MY grandfather owned a plot.

2)he died in 2001.

3)He had made  a registered will  in 1991

4)he had two sons  and two daughters

5) BY will he had given plot to younger of his sons & two grand daughters

( because elder son had left home 25 years before after second marriage .my father was looking after parents & also daughter of elder son from his first wife)

6)As per will property was transferred in 2007

7)elder son died in 2009

8)my grandmother died in 2010

9) IN 2012 Elder son's son has filed suit against   property transfer by will as per muslim law.

what may be the descion by  district court.

also give suggetion what should we do



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 March 2012

Dear Querist,

You have to understand that a Muslim cannot make a bequest/will of more than 1/3rd of his property - in the event of a will as to all property of a man - in order for it to take effect - the legal heirs have to consent after the death of the man. Hence after your grandfather died - the will could have operated fully only if elder son as well as all other consented, since he appears to have not, the son's son's case appears to be maintainable. 

Sudhir Kumar, Advocate (Advocate)     14 March 2012

Muslim Law of succession appears to bein his favour but it is dountful if law of limitation is in his favour.


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