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rights of muslim man making will

(Querist) 13 February 2009 This query is : Resolved 
Hi everybody,
1. Can a muslim husband bequeth all his property movable and immovable to his sons and daughters according to his wish, not in equal share?
2. Can he bequeth his first wife's property to her sons and daughters as per his wish, not in equal shares?
3. Can he prevent his second wife from interferring the right and possession of the said property bequeth to his children?
ARVIND JAIN (Expert) 13 February 2009
A MUSLIM CAN WILL AWAY 2/3 PROPERTY AS PER HIS WISH REST FOR LEGAL HEIRS.
sanjeev murthy desai (Expert) 13 February 2009
1.Mahomedan cannot dispose of by will more than one third of the property.

2.Second wife has 1/4 share in the property so, he cannot prevent from intereferring the right of the property.

sanjeev desai
AEJAZ AHMED (Expert) 13 February 2009
Dear Sukhija,

(a) Against your first query, correctly replied by our Learned Brother Mr. Sanjeev," a muslim person can bequeath for 1/3 out of his total property"

(b) Against the 2nd query, my reply is that, what is the necessity of bequeathing by the said "PERSON/HUSBAND" against the " property of his First Wife" on the name of "her sons and daughters". They(sons and daughters) are having right itself, to inherit their shares in the property left by their "mother". If, there is any such 'WILL' executed by said "PERSON/HUSBAND", then itself it is 'INVALID'.

(c) Against the 3rd query, my reply is that, the property stated by you is of "FIRST WIFE", so not only the 'Husband', but the "Sons and Daughters of First Wife" also having full legal rights to Prevent the Second Wife from interferring the right and possession of the said property.

NOTE:
Here, Husband is also having his share in the Property of his 'First Wife'.

(1)But, during the life time of 'Husband' his 'Second Wife' is neither having any right to claim nor she can interfere into the extent of that share of her 'Husband'.

(2) If, there is any dispute between the 'Second Wife' & 'Husband', and they are leaving separately, then only she(Second Wife) can claim in the property. But limited, to the extent of share of his husband in that propert, not against the entire property.
Adv.Shine Thomas (Expert) 13 February 2009
It is a valuable information.Thanks Mr.Aejaz Ahmed
Sukhija (Querist) 13 February 2009
Hi everyone,
Thanks for your valuable information Mr.Aejaz Ahmed.
Thanks again.
Kamlesh soni (Expert) 14 February 2009
muslim can dispose of by will two third of the property.

2.Second wife has 1/4 share in the property so, he cannot prevent from intereferring the right of the property. for more detail mr.Aejaz Ahmed's answer is quite right

ARVIND JAIN (Expert) 14 February 2009
A MUSLIM CAN WILL AWAY 2/3 PROPERTY AS PER HIS WISH REST FOR LEGAL HEIRS.
AEJAZ AHMED (Expert) 15 February 2009
Dear Sukhija,

Mohammaden law permits gift of property to another during his lifetime, which is called a disposition and also gift by way of will after his death, which is called a testamentary disposition. As regards to quantum of gift, disposition is unfettered while a testamentary disposition is limited to one-third of the net estate. Mohammedan law allows a man to give away the whole of his property during his lifetime, " but only one-third of it can be bequeathed by will ". A Mohammedan cannot by will dispose of his property to any of his heirs (Sec. 189) nor can he give more than a third share of his property by will to any other person (Sec. 190). But he may transfer his entire property by gift even if the gift has the effect of defeating Mohammedan Law of Succession. A gift may be made to a stranger wholly excluding the heirs.

Just for Your reference kindly go through this site; see Paragraph 2.3 if it not suffice I will provide you more:

http://www.laws4india.com/corporatelaws/commentary/cc/cc8.asp
AEJAZ AHMED (Expert) 15 February 2009
kidly go through this also just for your reference:

http://www.legalserviceindia.com/articles/transfer.htm

Para No: 10
Donor's powers are unrestricted in Mohammedan law:-

.................." testamentary disposition is limited to one-third of the net estate. Mohammedan law allows a man to give away the whole of his property during his lifetime, but only one-third of it can be bequeathed by will "
A. A. JOSE (Expert) 16 February 2009
I am enlightened by the expertise of Mr.Aejaz Ahmed and thank you Mr.Ahmed for the same.
RAKHI BUDHIRAJA ADVOCATE (Expert) 16 February 2009
I do agree with Mr. Arvind Jain.
Hiralal Das (Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.


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