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muslim inheritence law


Dear Expert,

I am the only daughter of my father. How is it possible for my father to leave all his assets to his wife & daughter and that it is not distributed amongst his sisters and sister's sons. My father has no brothers or parents.

We are muslim by religion. Muslim law does not allow to WILL more than 1/3rd of all assets.  Is there any other Indian law which supersedes this Muslim law that we can apply in this scenario?

How can he ensure that his wife and daughters are the only legal heirs and other relatives cannot harass them.

Hope there is a solution to this problem.

 
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Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779

Yes. A muslim can not execute a will by exceeding the limit of 1/3 of his property. However, if he wants to convey all the property infavour of his wife and daughter alone by excluding other legal heirs, the only way is he has to execute conveyance deed like gift settlement infavour of them during his life time.

 
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Thank you very much for your kind reply. Gifting is a solution but it not very income tax friendly. 

It is indeed very shameful that an only girl child has no right over her father's self earned wealth, while an only son would have 100% right. 

Thank you again for you guidance.

 
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Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779

Welcome @Sam. 

 
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