Muslim law applicability

Check Madar (Querist) 25 July 2020 This query is : Resolved
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.

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This discussion concerns the applicability of Muslim law to a will executed in 1982 by a father who married in 1931, before the Special Marriage Act of 1954. The father, who was Muslim at the time of executing the will, bequeathed more than one-third of his property to a single heir without the consent of the other six heirs. The core question is whether the Indian Succession Act 1925 or Muslim Personal Law (Shariat) Application Act 1937 applies to this dispute, especially given the matter is before the Madras High Court.

Rajendra K Goyal (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.

kavksatyanarayana (Expert) 25 July 2020
Are your parents muslims since their birth? Follow the advice of above learned expert.

Sudhir Kumar, Advocate (Expert) 26 July 2020
facts are not clear enough to frame a view.

Rajendra K Goyal (Expert) 26 July 2020
Waiting for the required information from the author.

P. Venu (Expert) 26 July 2020
Yes, you have not posted the complete facts.

Dr J C Vashista (Expert) 26 July 2020
Relevant facts are missing

Check Madar (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 (Expert) 27 July 2020
Admittedly, the parties are Muslims and you are aware of the legal position. the, why this query?

Rajendra K Goyal (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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