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How can daughter get a share in fathers property in Muslim law
18-Nov-2023 (In Muslim Law Law)
He has two son and four daughters. But the problem is he (maternal grandfather) is going to bestow all his property including his house only to his two sons. He is not ready to share his properties to his daughters. So in what way my mother and her three sister can get their father's property? plz help me
your mother can not resist your maternal grandfather from making any gift to his sons but in case of will the case is different. a bequest to an heir is not valid unless the other heirs consent to the bequest after the death of the father, though any single heir may consent so as to bind his own share [Section 117, Mulla's Mohd. Law].
you have keep in mind another provision:-
A Mahomedan can not by will dispose of more than a third of the surplus of his estate and the bequest in excess of the third (i.e., in excess of 1/3rd) cannot take effect unless the heirs consent thereto after the death of testator.
so you can take a last attempt anyhow convince you maternal grandfather by hook or crook to make a will so that your mother can contest the said gift after the death of her father.
or if your mother have some contribution or your maternal grandfather have some debts on your mother then she can utilise the same by taking legal actions for further help please contact.
you have keep in mind another provision:-
A Mahomedan can not by will dispose of more than a third of the surplus of his estate and the bequest in excess of the third (i.e., in excess of 1/3rd) cannot take effect unless the heirs consent thereto after the death of testator.
so you can take a last attempt anyhow convince you maternal grandfather by hook or crook to make a will so that your mother can contest the said gift after the death of her father.
or if your mother have some contribution or your maternal grandfather have some debts on your mother then she can utilise the same by taking legal actions for further help please contact.
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Adv. Bibaswan Mukherjee
Barasat | 100+ Answers
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