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Imran   07 October 2017

Will on self acquired property

can a Muslim execute will on his all self acquired property to a stranger or heir..



Learning

 9 Replies

manoj   07 October 2017

call me for your query at cell no 8686159292

Siddharth Srivastava (Advocate)     07 October 2017

Yes. As such, there is no restriction

Master Warrior (AOR)     08 October 2017

Is there no way to ban Manoj?  Every post is "call for your query" or "your query will be answered on payment of consultancy charges".

 

Imran: You leave your property to whoever you want, a friend, relative, organization, etc. As Sidharth said, there is no limitation on that.

manoj   08 October 2017

In India, matters relating to succession and inheritance of a Muslim are governed by Muslim personal laws.

According to Mohammedan law, a Muslim cannot dispose of by Will more than one-third of what remains of his property after his funeral expenses and debts are paid.

It is pertinent to note that in the case of Sunni Muslims, while a bequest to a stranger (i.e., a person who is not an heir) to the extent of one- third is permissible, any bequest to an heir is not valid unless the other heirs of the testator consent to such a bequest, even if it is within this permissible limit of one-third

 

Master Warrior (AOR)     08 October 2017

The rest of the article being quoted above.

Some exemptions do apply, see link for more.

https://www.livemint.com/Money/pPiv9diXWtTHVevocYfssO/Muslims-may-bequeath-a-third-of-the-property-by-Will.html

manoj   08 October 2017

HI Sir,

As per your query, todady I am giving service to all people who ever posted their queries in this site yesterday and today and I am not mentioning my cell no in the reply and then you decide tomorrow, whether I have to quit from the site. I will obey your decision. Dont worry about this issue.

Manoj

 

manoj   08 October 2017

Hi Sir,

please go through my replies since from last 7 hours and decided after verifying my replies,  whether I have to quit or not because I have some work with other clients in my office. if you are interested that I can continue in this group please modify in your reply by pressing edit button and say that I can continue or I am capable of dealing with queries, because I respect each and every one.

Imran   08 October 2017

bequeathing all self acquired property to stranger is valid in mohammadan law

manoj   08 October 2017

I am referring to the Madras High Court authority which is pronounced in S.A. Halima Bivi Ammal Vs S.A.Fatima & ors which is decided on 24th Octobler 1986 rendered by Honble Justice Swamikkannu observed that  

"Under the Mahommedan Law, there is no distinction between ancestral and self acquired property. 'The owner for the time being has absolute dominion over all property in his possession, whether he has acquired it himself or whether it has devolved upon him by inheritance. He can sell or dispose of it in any way, he likes, provided operation is given to the transaction in his lifetime. It is only with regard to dispositions intended to take effect after the owner's death or made when he is suffering from a malady which creates in his mind the fear of death that his power of disposition is limited by the right of his heirs and restricted to a third.

This restriction on the disposing powers of a Mohammedan is, referred to (in) the following terms by the Privy Council in the case of Rani Khujoor-Unnissa v. Mussamut Roushan Jehan, (1876) 3 Ind App 291 : ILR 2 Cal 184.

'The policy of the Mahommedan law appears to be to prevent a testator interfering by will with the course of the devolution of property according to law among his heirs, although he may give a specified portion, as, much as a third, to a stranger. But it also appears that a holder of property may, to a certain extent, defeat the policy of the law by giving in his lifetime the whole or any part of his property to one of his sons, provided he complies with certain forms.' This restriction, which is not without analogy in certain European systems (see Peterson's English and Scotch Law (1860) pp. 223-224) is surrounded with conditions, which require great attention in the study of the Mussulman Law.

I want to know why you are arguing the issue against the LAW. You please consult any good advocate nearest to you and ask him to look into the text book and he will help you other wise I can't help you expect with madras high court judgment (supra)

 


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