Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ibraheem   14 October 2021

Muslim personal act applicability

Sir,  I heard that Muslim Act is applicable only in case of intestate succession, But in my case WILL is registered at Sub-registrar office Maharashtra. So Can I transfer 100% share to one son only.  (out of my 3 sons)

Or still My son needs to take consent from my other two sons after my death.

And for applicability of Muslim Personal Law is any application is required to made somewhere. or can we say that we have to follow Indian succession act (even if all parties are sunni muslim).



 



 3 Replies

G.L.N. Prasad (Retired employee.)     14 October 2021

Muslim Act is applicable only in case of intestate succession, but if the will is registered, the claimant is entitled to that property, the other legal heirs have to challenge that in a court of law, establish malafides to get the registered will canceled, which is a tedious task.

 

1 Like

M V Gupta (Advocate)     14 October 2021

As per Muslim Law (Shariat), a Muslim can dispose of by will only 1/3rd of his property which is left after payment of his funeral expenses, death bed charges, debts owed by him, expenses for obtaining probate or letters of administration or succession certificate, etc. Hence, subject to the above condition vesting of the property fully in one of your sons will be valid. Your other sons cannot object to the vesting of the entire property in favor of one of them, as under Islamic law all properties belong to the person whether earned by him or inherited from his father or G father or gifted to him etc and there is no right to any of his children or wife unless conferred by the person by gift or sale etc.

As regards the applicability of Muslim Personal Law (Shariat), The Muslim Personal Law (Shariat) Application Act, 1937 provides that Shariat shall apply notwithstanding any custom or usage to the contrary in all questions relating to intestate succession, special property of females, etc. The Act requires that a declaration in the prescribed form shall be filed with the prescribed authority declaring that he wants to obtain the benefits of the Act. Once the declaration is filed all his children and their descendants will be governed by the Shariat.

P. Venu (Advocate)     14 October 2021

To my knowledge, under Muslim Law, no bequeath could be made in favour of a legal heir. It makes no difference that the Will is registered.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query