Procedure for the will of the property as per the Islamic law
14-Oct-2023 (In Family Law)
Dear Sir, I am a Muslim and My father died and has made a will in which he has given me fifty percent of his land and rest fifty percent he has given to two another son equally. is it ok under Islamic as well as common law in India. please suggest
Yes,
According to the Shariat law, a person can only leave one-third of their property to anyone they wish. The remaining two-thirds will, by law, go to their heir or heirs, equally shared between them.
In your case since, all are legal heirs, there is no embargo.
According to the Shariat law, a person can only leave one-third of their property to anyone they wish. The remaining two-thirds will, by law, go to their heir or heirs, equally shared between them.
In your case since, all are legal heirs, there is no embargo.
Hello,
Having gone through your query I can suggest you that when Will is there which says 50-50 % share then you have to abide by the will until and unless you challenge the will with another will if you have one....
Secondly it is permissible under the Mohammadan Law that father is only owner of the property till he is alive and after his death it will fall to the persons in will
Rest you have to show me the Will douments to go through and advise you for future course
Thank you
Having gone through your query I can suggest you that when Will is there which says 50-50 % share then you have to abide by the will until and unless you challenge the will with another will if you have one....
Secondly it is permissible under the Mohammadan Law that father is only owner of the property till he is alive and after his death it will fall to the persons in will
Rest you have to show me the Will douments to go through and advise you for future course
Thank you
MAM
IF YOUR FATHER WILL IF GENUINE THEN YOU ARE REQUIRED TO PROBATE THE WILL THEN YOUR SHARE MAY COME TO CONCLUSIVE AND FINAL.
YOU MAY FILE PROBATE CASE IN CIVIL COURT FOR CONFIRMATION OF YOUR FATHER WILL
IF YOUR FATHER WILL IF GENUINE THEN YOU ARE REQUIRED TO PROBATE THE WILL THEN YOUR SHARE MAY COME TO CONCLUSIVE AND FINAL.
YOU MAY FILE PROBATE CASE IN CIVIL COURT FOR CONFIRMATION OF YOUR FATHER WILL
Your will is quite right as per mohamadan law and Hindu law. As per your will you can mutate your share of land at anchal office . as per Muslim law you do not need to probate your will. It is also dose not matter that your will is registered or not. You may now enjoy your share of property. The only thing you can see in your will that will signed by your father along with any two witness. Enjoy your property with big smile.
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