(Querist) 19 August 2017
This query is : Resolved
My friend got to know about the will of her father after his death. In the will he donated all his property (land, house and Cash etc.) to the Charity ( a trust). My questions are: 1)Can an Indian Sunni Muslim father donate all of his Property to the charity or a trust in his will? 2)Does daughter has any right on the property?. if yes she entitled to how much share in the property? 3)The deceased father had appointed his Nephew as the executioner of will, can the executioner provide the daughter her share in the property? 4) Will the wife of the deceased will get any share of the property?
Rajendra K Goyal
(Expert) 19 August 2017
Generally under Muslim personal laws in India a Muslim may, by will, dispose only up to one-third of his property which is left after payment of funeral expenses and debts without the consent of his heirs. The remaining two-thirds of the testator’s property goes to his heirs.
(Expert) 20 August 2017
The will of the Sunni Muslim gentleman is invalid to the extent of 2/3rd and valid only to the extent of 1/3rd of bequeath to a charitable trust. His widow takes 1/8 and the rest 13/24 goes to his only daughter in the absence of her male and female. female siblings.
The equation would be like this:/3rd to charitable trust+ 1/8th to widow+13/24 to daughter.-1
Let the daughter and her mother challenge the will in family court.