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Aahmed Shagir   18 May 2018

Muslim Ancestral Property Rights

I married a hindu girl just before my father's death. Now mom says that dad made a will not to give any share of the property to mr because I married a girl from different religion. The plot is in my Grandmother's name (Father's mother) and a commercial building has been newly constructed.


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 4 Replies

R.Ramachandran (Advocate)     18 May 2018

Please indicate whether your grandmother is alive.

Also indicate whether your father has any brothers/sisters.

Kumar Doab (FIN)     18 May 2018

What is precisely stated in the WILL?

 

P. Venu (Advocate)     18 May 2018

Yes, the critical issue is whether your grandmother is still alive

T. Kalaiselvan, Advocate (Advocate)     19 May 2018

If  your grandmother is alive then your father cannot make a testamentary disposition of the property.

 

If your grandmother is not living then until she had made any arrangement to your father's name, your father cannot claim the title to the property, hence without  clear and marketable title your father cannot bequeath the property in any manner by a Will.

 

Have you seen the contents of the will yourself?  What was written in it?

You can revert with the details for more proper opinion.

 

As per Muslim personal law, a testator cannot bequeath more than one third of his property through a Will.

 

 

 

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