My father has made a will under pressure of his second wife

Uzair Patel (Querist) 08 February 2021 This query is : Resolved
My mother passed away in 2004, later my father got remarried in 2007. We are six children from our mother and my father second wife doesn't have childrens.My stepmother is continuously pressuring my father to transfer transfer all the property on her name, my three sisters are with my stepmother and one sister is on my side. My eldest sister passed away in 2018. I want to know what are the right of my father second wife and his children rights in his property. Under Muslim Personal law of India.

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This discussion addresses concerns about a father making a will under pressure from his second wife, potentially affecting his children's inheritance. It clarifies that under Muslim Personal Law in India, a person can only bequeath up to one-third of their property via a will. The response also touches upon the stepmother's potential share if there are no children from the marriage and notes that wills can be altered.

Sudhir Kumar, Advocate (Expert) 09 February 2021
your father can under muslim law will upto 1/3

Advocate Bhartesh goyal (Expert) 09 February 2021
A muslim can not bequeath through will more than 1/3 share of his property as per his wish .

P. Venu (Expert) 09 February 2021
The facts posted are confusing. Has your father already made a Will?

kavksatyanarayana (Expert) 09 February 2021
You stated that your mother had six children, three sisters are on your stepmother's side and one sister is your side and one sister is dead? What about another one? In heading of the quey that a will of your father is there.Is there any will? In case there are no children borne out of marriage, she is entitled to 1/4th of the property.

Dr J C Vashista (Expert) 10 February 2021
Will can be changed any time during life time of the testator.
Your father is entitled to bequeath 1/3rd share of the property inherited by him.

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