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C.NOWSHAD (ADVOCATE)     25 December 2011

Muslim husband can execute will in fvr of one wife

A muslim husband having 2 wifes living... both the wifes has 3 children each... whether he can execute a WILL in favour of only one wife and her children...?



Learning

 3 Replies

sharmilla ram (general manager)     25 December 2011

a muslim husband can will to servant also nobody can claim. if he will to one of the wife and children than second wife and children is not entital to claim . this is as par muslim law or shariyat law.but these days judge r not following shariyat law.as par constution judge r binding but no check n balance thats why judge r free to give any judgement.


(Guest)

Later Can we Challenge the Judgment,

Lets Say Husband Prepare Will or make Hiba (Gift) for one of the wife and their childern, Can other Wife Still Ask.. I belive she can't Since now Husband has made Will + Hiba both registered duly signed in the presence of Witness.

Please Englighted....

Regards

shaheen (lawyer)     04 February 2012

Muslim male cannot will away more than 1/3 of the estate i.e. 2/3rdof the property must be divided among the family members in the shares laid down in the Shariat Act, 1937. He can will 1/3 of the estate to whom so ever he wills.


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