• Muslim property law

I am 72 year old currently in a feud over my property with my children, all this property was earned by me and does not include any ancestral property, one of our daughter is divorced and stays with us but she fights everyday, threatens to kill us and wants her share of property. She is independent as she runs her garment shop. Because of her behavior me and my wife do not want her to stay with us and want her to be out of our house, what can I do to get her out, is it a legal issue, can I ask for legal help, also I do not want to give her any share of my property, can she claim anything if I have a will ?? We are scared as she may poison us or may cause other serious problems. Please guide us so we can move forward on this matter. I offered her to buy a flat but she says she would not leave.
Asked 7 years ago in Property Law
Religion: Muslim

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

Your daughter has no share in your property during your lifetime

2) since property is owned by you file application before senior citizen tribunal and seek orders to direct daughter to vacate portion of your house in her possession

3) you can also file civil suit and seek orders to direct daughter to vacate portion of house in her possession

4) also seek permanent injunction restraining daughter from disturbing your possession of the house

5) please note that Muslim can bequeath only one third of his property by will

6) you can during your lifetime execute Hibanama wherein you can gift your property to whomsoever you please

Ajay Sethi
Advocate, Mumbai
96763 Answers
7804 Consultations

You can contact any local lawyer on this website from Delhi in this regard

2) Muslims cannot bequeath entire property by will . Only one third property can be bequeathed by will balance two third of property will devolve on your legal heirs as per Muslim personal law of succession

Ajay Sethi
Advocate, Mumbai
96763 Answers
7804 Consultations

you can only make will for one third of your property

2)you cannot make will for balance 2/3rd of your property

3)one third of property you can bequeath it to any child you please

4)daughter as legal heir can claim share in property as per muslim personal law on your demise

Ajay Sethi
Advocate, Mumbai
96763 Answers
7804 Consultations

1. Audio/Video record all her misbehaviour with you as an evidence of her ill treatment meted on you.

2. Lodge a police complaint against her alleging her torture meted on you.

3. If police fails to take any action, file a Writ Petition against police inaction seeking relief.

4. Recently Delhi High Court has passed an order in W.P. (C) 10463/2015& CM APPL.43227/2016 evicting Adult Children in case of parental abuse.

5. You can sell of your said property or register a gift deed in favour of any one you choose.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

1. You should engage a sincere lawyer practicing locally having expertise in this field.

2. he should be able to organise your lodging the police complaint under copy to the S.P./D.C. of police and then arrange to file the Writ Petition as advised in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

1. Two third of your property shall have to be equally distributed amongst all your children including the child whom you want to deprive.

2. If you deprive her for getting equal share of 2/3rd of your property, she can take up the matter legally challenging the legal validity of the said will as per Islamic Law.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

This being your self acquired property you need not give any property to anyone against your desire or wishes.

If your daughter is forcibly staying in your house, you may give her a legal notice to vacate your property in which she is squatting illegally after which you can file a mandatory suit to restrain her from residing in the house as well as an ejection suit to eject her from your property.

If you apprehend any danger or being tortured by her while staying in your house, you may even lodge a police complaint against it and seek relief of evicting her from your house

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

I want to ask as a precaution, I am in Delhi, who should I contact to start this process of getting her out, do you have any firms or contacts who we can apply to, also can you please explain the point 5 of your previous answer.

You can take the assistance of a local lawyer who will be able to render his services to get you the desired relief on terms.

First understand the situation and then act wisely as required by the prevailing circumstances.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

Ok, I want to be clear on this matter, so by will I have to give two third of property to my children..does it need to distribute equally or can it be just my son or any other child or whatever child I chose.

The Muslim personal laws in India, or the Shariat law, decrees certain rules and regulations and ways in which an individual can dispose off his/her property.

Muslims can’t dispose entire property through a will

One can only dispose up to one-third of his property.

It is correct that the general rule under Muslim personal laws in India (Shariat) is that a Muslim may, by his will, dispose only up to one-third of his property which is left after payment of funeral expenses and debts without the consent of his heirs. The remaining two-thirds of the testator’s property must go to those who are his heirs at the time of his death.

t would also be open to a Muslim to transfer his entire property during his lifetime by way of a gift to any person, unless the gift is a marz ul maut (death bed) gift. Marz ul maut is regarded under Muslim laws to be a malady which induces an apprehension of death in the person suffering from it and which eventually results in his death. A gift made by a person suffering from marz ul maut cannot take effect beyond one-third of the estate of such donor after payment of funeral expenses and debt, unless the heirs of the donor give their consent after the death of the donor to the excess taking effect.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer