Muslim lady claim share in father's property as will in brother's name


dear am a Muslim and I want to ask you about my father property, if my father make a will to my brother for his all property, then is there any law to claim to get my share from that property

Answers (2)


116 votes

No. Father can assign his property to any person of his choice when he is alive. Since he has executed a Will, you have to follow the assignments mentioned therein. If you can prove that the the Will was signed on the basis of any pressure or undue influence from your brother or if it was signed when your father was not in a sound state of mind to understand the contents therein, you can approach a court to set aside the Will. If you need any assistance, you may contact me.


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132 votes

See the law of inheritance in Muslims is governed by the personal law which is guided by the Holy Quran. As per the law, a Muslim can only give 1/3 of his share of property as per his wish to whoever he wants. Rest of the 2/3 is governed by the Muslim Personal law.
Now, being a daughter you too are an inheritor in your father's property as a legal heir but your share will be only half of what your brother gets as per the law.
Accordingly you have a share in inheritance and you can't be denied any share in the property at all.

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