This is a case belonging to Muslim family from UP. Father wrote a will on his ancestral property( Agricultural proerty- a Mango Orchard) stating that his 2nd wife, 3 sons from 2nd marriage and 1 son from first marriage are the beneficiaries where in each gets 1/5 th share. However, the crop selling rights will wrest with 2nd wife and thereafter eldest son from 2nd marriage. There are 2 objectionable points in the will- 1. Son from Ist marriage being devoid of right of selling the crop of his share or his entire share of property. 2. Will also doesn't give any share of property to the first wife.
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1)there i s no concept of ancestral property among Muslims
2) further Muslim can bequeath only one third property by will
3)first wife should file suit for partition to claim her share in property
4) bequests made in excess of one third property would be void
Hi, the rights to the property will be given according to the WILL.. Unfortunately if there is no such rights to the 1st wife and the son
If the property is ancestrol and is inherited fr great grand father then the son and first wife can claim his share on the property ..
1. Amuslim cna not divest his legal heris frominherting his prpeprty totally.
So the Will is not sustainable if he has not given anything to his first wife.
2.So the first wife if so wishes can challenge the WIll and once it is done the Willis likely to be set aside.
According to the Shariat law, a person can only leave one-third of their property to anyone they wish. The remaining two-thirds will, by law, go to their heir or heirs, equally shared between them.
Now, this is in case the person has more than one heir, and would like to leave an asset or property to just one of them. Although he can make a will asserting the fact that heir 1 will receive the asset, it will not be valid unless, after his death, heir 2 is willing to sign over the rights to heir 1.
However, one can always leave the one-third of their asset to anyone (and even heir 1), since it is acceptable, and does not require anybody’s consent.
Other considerations that are induced by the Muslim Law include:
a.A person can bequeath a property, even if he does not possess it at the time of writing the will, but has it in his possession at the time of death. (If not, of course, the will becomes null and void).
b.An individual cannot lay any conditions or requests on the bequeaths. The bequests have to be unconditional.
At the time of making the will, an individual needs to pick the persons who might execute his will. The request is taken into account at the time of disposal of assets. The person picked as an executor of the will has the right to dispose off the assets as specified in the will.
