Muslim Daughters right in fathers property

Querist : Anonymous (Querist) 06 August 2010 This query is : Resolved
Dear Sir, My mother has three younger brothers and two younger sisters.Her father has self aquired property and some ancestral property(self aquired 80% + ancestral 20%).Her father has not written any will. he is willing to give all the poperty to his sons but not to daughters.Do my mother have any right to claim the share in property.

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s.subramanian (Expert) 06 August 2010
No. So long as her father is alive she cannot cliam any share. If her dies intestate i.e. without executing any will,your mother will b e entitled to cliam her share as an heir under Sec.8 of the Hindu Succession Act.

Chanchal Nag Chowdhury (Expert) 06 August 2010
Since U R Muslims,the Hindu Succession Act does not apply as suggested by my ld. friend Mr. Subramanian.
Under Muslim law, a person can only dispose off 1/3 rd. of his property by will--the rest has to follow the rules of Succession according to Muslim law & as such, I think U R entitled to a portion thereof no matter how minuscule it may be.

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