rights of 1st wife and children in property-muslim law
I am a Muslim. My father has 2 wives. I am eldest and only son from first wife and there are 4 more children( sisters). 2nd wife has 3 sons and 1 daughters. My father ( no more now) has made a will assigning his ancestral property to his 4 sons and his 2nd wife. Management rights of the property has been assigned to his 2nd wife and one of her son. Keeping in view 2nd wife's past behavior towards children from 1st wife, we are of the firm view that she will be usurping the entire proceeds from the property and will not be giving us our share. What legal remedy do we have to nullify the will , and claim equal share from the property ? Secondly, there are few properties which have been bought by my father ? Do children from the 1st wife have any claim on those properties which have been bought by my father ? Kindly advise.
Property bequeathed by your father is in excess of his rights as a muslim cannot make a will of more than 1/3rd of his property. You may thus challenge the will in so far as the property bequeathed is beyond what he could legally have done.
And yes, the children of first wife have an equal share in the properties of their father.
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- DISPUTE OVER PROVIDING WAY TO ONE PARTY BY OTHER TWO
- Bhabhi filed false case against parents and brother. What to do now?
- Can i file for divorce on basis of harassment and cheating
- Labor creating problems on being transferred to different factory
- Company demanding more money at the time of foreclosure