Civil Procedure Code (CPC)

Muslim law applicability

This query is : Resolved 

Online (Querist)
25 July 2020

My parents got married in the year 1931. ( well before the special marriage Act 1954 )

In case of a will executed by him in the year 1982,
in favor of only one heir
for morethan 1/3 of his property.
Which Law is applicable.

Rajendra K Goyal Online (Expert)
25 July 2020

Who executed the will, what was his / her religion at the time of executing the will?

Whether the will was joint by both parents?

What was the religion of your parents before marriage?

If religion was different, whether the situation continued till the date of will.

Whether mother or father changed religion any time after marriage?

As per applicable personal law, Who are the heirs of the person who bequeathed the will apart from the beneficiary in whose favor will was bequeathed.

Please show all documents to local lawyer and discuss in detail.

kavksatyanarayanaOnline (Expert)
25 July 2020

Are your parents muslims since their birth? Follow the advice of above learned expert.

Sudhir KumarOnline (Expert)
26 July 2020

facts are not clear enough to frame a view.

Rajendra K Goyal Online (Expert)
26 July 2020

Waiting for the required information from the author.

P. Venu Online (Expert)
26 July 2020

Yes, you have not posted the complete facts.

Dr J C VashistaOnline (Expert)
26 July 2020

Relevant facts are missing

Check MadarOnline (Querist)
27 July 2020

Dear Advocate experts,
Thanking you all for your swift response,
Coming to matter:
We all are Muslims,
My parents got married in 1931. and mother died in 1966 and father died in 1986, leaving behind 7 heirs.
He owned an old house/property.
during the year 1982, he had executed a will in favour of one of the legal heir, for more than 1/3 of the property.
without the knowledge and consent of other heirs.
My question is, which Law applicable to us to settle the dispute?
Indin succession Act 1925 or MPL 1937.
The dispute is subject to Madras High Court.
Thanking you in anticipation of your honest reply,

P. Venu Online (Expert)
27 July 2020

Admittedly, the parties are Muslims and you are aware of the legal position. the, why this query?

Rajendra K Goyal Online (Expert)
28 July 2020

Since the matter is in the High Court, at least 1-2 Kg of papers should be in the case file, no advice possible without going through the full case file.

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