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Parvina Seth Salim

Posted 1 week ago

A Married Childless Muslim person had a family of one wife and seven sisters. He was thus the only male member in the family. Six out of seven sisters died before the above said Muslim person the Testator, who too expired some time ago. In his Will, the Testator bequeathed his whole property and assets, in the shares of 1/8th each, to his living wife, living sister and survivors of the six deceased sisters. QUESTION Is the above Will valid and if not then what should be the actual distribution of the estate according to Muslim Sharia Law. Are the survivors of deceased sisters eligible to the share in estate? If not then what should happen to their 6/8 part of the share.

A. Dear Client, The laws on Muslim Wills are not the same as those made under the Indian Succession Act, 1925. Muslim Will are governed by the rules laid by the the Koran. As a general rule in the Muslim law in India (Shariat), any person, who is a major (above 15 years) and is of sound mind, can make a Will but can't dispose of more than one-third of his property without the consent of his heirs. This includes the assets left after payment of funeral expenses and debts. The remaining two-third property is the legal right of his heirs at the time of his death. With respect to Shia Muslims, bequeathing one-third estate to an heir or to a non-heir is permissible. However, under the Sunni Muslim personal law, the one-third inheritance may be made in favour of a non-heir without seeking the consent of legal heirs. If it is made to an heir, it is invalid unless the consent of other heirs is obtained after the death of the testator. However, the such a restriction does not apply to a Muslim whose marriage has been solemnised under the provisions of the Special Marriage Act, 1954 (instead of Muslim personal laws). If the marriage is solemnised under this Act, the rules of Hindu or Muslim personal law cease to apply to him with respect to the matters of succession of his property. In such a scenario, a Muslim may, by his will, dispose of his entire property at his free will. No restriction to gift a property But a Muslim is at his liberty to transfer his entire property in his lifetime through a gift to any person, unless it is a marz ul maut (death bed) gift. Under the Muslim law, marz ul maut is regarded a malady which induces an apprehension of death in the person suffering from it and which eventually results in his death. In such a scenario, the person can't bequeath more than one-third of his estate without the consent of the heirs. Property to an unborn child Bequeathing property to an unborn child is not allowed. However, if a mother is pregnant, and a child is born within six months of the death of the person making the Will, the child has all the rights to inherit the property. Form of Will The Muslim law does not mandate a written form of Will. It may be made orally as well as in writing. There is no particular manner in which the Will has to be written. At the same time, unlike a Will made by a Hindu, it's registration and attestation is not mandatory. In case the Will has been made orally, it is the duty of the person to establish and prove the existence of oral Will with utmost precision beyond doubt. If the person making the Will wants to revoke it, it may be done either verbally or in writing. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Sanaya Ahmad

Posted 2 weeks ago

I am an Indian Muslim girl and I love with Pakistani boy .and my patents is not agree to the marriage .then boy is come to India and what procedure to court marriage .plz help me ...

A. Dear Client, You can have a telephonic consultation with me through vidhikarya.com Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
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Ambrose Leo Experience: 9 Year(s) Bangalore
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Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 2 months ago

Sir i got married 5 years ago and i have 2 kids. I and My husband are not living together. He wont do any job properly and he is so short tempered. He statred quarreling even for small matters. He suspects me for every thing. He is not looking after of us. He is a very irresponsible person. He left us in my moms home 18 months back and til now he didn't came and talk also. So i started doing job for our survival.. but he is suspecting me that i have wrong relationship.. from the beginning its self his behaviour was like watching around me all the time. Now my dad is not taking any initiative for solving my problem.. im not under standing that how to solve this. If i try to cal or message to my husband and he is not replying me.. sir please provide your valuable suggestion..

A. dear client kindly file Domestic Violence case and if required divorce case on the ground of cruelty.
Deepak Bade Exp: 9 Year(s) Nanded
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
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Devivaraprasad Relli

Posted 3 months ago

I want to challenge the gazette in which my property was listed as wakf property. which court I should approach, high court or ap wakf tribunal

A. A well annointed lawyer could help you in high court proceedings
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Anonymous

Posted 5 months ago

My grandfather died before the my father and my grandmother died after the my father. Grandfather buying land my grandmother because they have not available in Home. My grandmother is ready to written 1/3 property in me and my brother name but my uncle's said no require to written property you trust me equally distribution property to all. But after the death of my grandmother uncle's are said to me all property in the of my mother. So, you are not legally any right on this property. What is point of view in Law.

A. Why don't you claim on property through court? I am sure you will get your legal share into that property
Deepak Bade Exp: 9 Year(s) Nanded
ROBERT D ROZARIO Experience: 15 Year(s) Kolkata
T B L Murthy Experience: 5 Year(s) South West Delhi

Anonymous

Posted 6 months ago

This is regarding my friend and his family. My friend got married recently evrything seems to be good just when aunty tries to make the bride understand something at home the bride does opposite of that and this has created problem within family. The groom and his family are nice people but the brides family is spoiling their name in society saying the grooms family is torturing the girl. My friend is scared that the brides family should not put false allegations for such silly issues and go to police for complaint. Is there any solution where my friend can first go to police with the proof of his and familys sincerity to avoid in any problem later.

A. Have a word with elder family members and try to settle the matter amicably.
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Anonymous

Posted 10 months ago

I am a married Hindu woman in love with a married Muslim man. Can I marry my Muslim boyfriend after my divorce with my husband? My boyfriend doesn't want to divorce his first wife.

A. You should try to reconcile with your husband. If you'll marry the Muslim guy, you'll actually destroy the number of lives of persons connected with you, your husband and that Muslim guy's family. It is advisable to stay with your family and leave your bf. Your bf is not ready to give divorce to her wife which clearly suggests either he is fooling you or not at all interested in marrying you.
Junaid Ali Khan Exp: 2 Year(s) New Delhi
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Hi this is fouiza my sister got married 3 years now she dnt want to go husband house she did only nikha ruqsati nai hui wo jana b nai chati us ki ghar plz boliyekiya karna chaye

A. If marriage has not been consummated it is easy for your sister to get a decree of divorce from court. No one can force your sister to go to her husband's house.
Junaid Ali Khan Exp: 2 Year(s) New Delhi
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can one child oppose in propert distribution among six when i am unsatisfied with the distribution or else remaing people can proceed with out my permission

A. Please provide the complete detail of your case
GANESH SHARMA Exp: 3 Year(s) Faridabad
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