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mahak (student)     06 July 2011

AAQNAMA

Sir,

My question is regarding AAQNAMA

can a father give  AAQ (AAQNAMA) to his unmarried daughters who are students and minor sons.And left his wife after 31 years of marriage and without any information married again with out giveing talaq(divorce) and  living seprately enjoying with other women, and he is not providing them financial or domestic support .please advice 



Learning

 2 Replies

Tajobsindia (Senior Partner )     06 July 2011

@ Author

1. No
Reasoning:
A.
Aaq nama is a term which occupies not much weight in the eyes of law, and the legal heirs of a deceased person gets the same shares in the property as ordained in Sharia law. 
B. As per Muslim scholars Aaq is un-Islamic and not part of law in practice atleast here in
India to the best of our knowledge. 
C. Even if a person gives an advertisement in the newspaper for aaq nama it has no value. The person named in the Aaq nama has full entitlement to the legacy of his parents and others from whom he can inherit property. However, a person can deprive his children from inheriting by gifting the property in his life to someone which is not the case in hand.
D. The remedy is in Bharat Ratna DV Act usage here for the same consult in-person a Advocate in title Jurisdiction.

1 Like

mahak (student)     06 July 2011

thank you sir for reply  


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