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shamim (computer operator)     10 July 2024

Property disputes - muslim law

Sir, Legal advice required for my family property disputes. My grand father has 8 children's ( 5 sons and 3 Daughters), my grand father did willnama in the name of 2 sons. My grand father died. The 2 sons claiming the whole property. How can we can fight legally, how can sister claim the fathers property as per muslim law. Please advice. 


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     10 July 2024

As per Muslim Personal law : A Muslim is allowed to make a Will for his property up to one-third of his bequeathable property. This one-third limit is calculated after deducting expenses such as debts and funeral costs. Any bequest exceeding the limit of one-third will not be effective unless the heirs of the legator give their consent to it.

Therefore your grandfather's Will shall confined or restrict to only one third of his property and residual property shall be divided among all his legal heirs. 

The daughters of your grandfather shall be entitled to one share to that of two shares of the sons, i.e., the sons are entitled to two shares compared to one share to the daughters as per personal law. 

The resdiual property can be divided accordingly

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shamim (computer operator)     18 July 2024

Thank you Kalaiselvan Sir for your Quick response. One more legal advice required for the same ( my grand father property disputes). My grand father's elder son dont have any children's, so he adopted me at the age of 1-2 years ( Sister Son), as my adopted father and mother both expired. The rest my adopted father's brothers ( my uncles ) refusing to give any share in the same property. I want to know can i get any share in the property as a adopted son, as a son i have fulfilled my responsibilities ( I have taken care of both the parent's during theirs lifetime and illiness) My adopted father didn't make or registered adaptations certificate or any  paper's in my Name . But my adopted father and mother's name are available in my educational certificates upto degree. How can fight legally for the said property disputes. 

T. Kalaiselvan, Advocate (Advocate)     18 July 2024

The adoption made by your grandfather for adopting you is niot valid in law.

Adoption is not permitted in the personal laws of Muslims in India, and hence they usually go for guardianship of a child through the Guardians and Wards Act, 1890.

Therefore you cannot claim any rights in his property for any reason.

His property shall devolve on his own legal heirs. 

There is no legal option for claiming any share out of your so called adoptive father's properties as a right.  

You may have to look for an alternate compromise settlement with them and if they consider your request and status you may get a share as gift. 

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