• Question regarding property

Dear Lawyer,
My question is we i go to Indian court for property issues, court will act as per MPL(Muslim personal law) or Indian law. Please advise. 

Regards,
Feroz Shaik
Asked 7 days ago in Property Law
Religion: Muslim

2 answers received in 30 minutes.

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13 Answers

Hello,

  1. If you are a Muslim, Muslim Personal law will take precedence in matters relating to marriage, inheritance etc.
  2. However Indian laws are generally applicable to all irrespective of the religion. The Constitution of India is binding on all people of the country and all penal and procedural laws are formed on that basis.

S J Mathew
Advocate, Mumbai
3083 Answers
112 Consultations

5.0 on 5.0

Hello,

When MPL is followed, adopted son does not inherit from his father as basically Islamic law does not permit adoption of a son.

 

S J Mathew
Advocate, Mumbai
3083 Answers
112 Consultations

5.0 on 5.0

1. The muslim person law shall be applicable for property in muslims.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

Court will act as per Muslim personal law 

Ajay Sethi
Advocate, Mumbai
79718 Answers
4806 Consultations

5.0 on 5.0

Muslim law does not permit adoption 

Ajay Sethi
Advocate, Mumbai
79718 Answers
4806 Consultations

5.0 on 5.0

It will take precedence in AP as well 

Ajay Sethi
Advocate, Mumbai
79718 Answers
4806 Consultations

5.0 on 5.0

In Insia the Muslims are governed by Sharia Law as regards their marriage and Succession disputes. 

However since Supreme court has validated adoption by Muslim parents as well he can succeed his adoptive parents property. 

Devajyoti Barman
Advocate, Kolkata
21787 Answers
318 Consultations

5.0 on 5.0

Hi,  as per Mohammeddan law the property will be divided. 

Pradeep Bharathipura
Advocate, Bangalore
4788 Answers
248 Consultations

4.5 on 5.0

It depends on what basis you approach court for the desired releif.

If you want relief as per Muslim personal law then the court would entertain your suit as per that law or if you file a suit as per civil law, then you shall be entitled to the reliefs as per civil law.

 

T Kalaiselvan
Advocate, Vellore
69749 Answers
950 Consultations

5.0 on 5.0

The legal heirs are entitled to a share in the property that has been left behind by the deceased father if he is reported to have died intestate.

Whether as per the provisions of Muslim personal law or civil law, if the property owner is alive then his children or anyone do not have any rights in the property  at least not during his lifetime.

 

T Kalaiselvan
Advocate, Vellore
69749 Answers
950 Consultations

5.0 on 5.0

It depends on what basis you may file the suit in the property dispute.

If you file a suit seeking relief under Muslim personal law, then the suit would be tried as per the provisions of Muslim personal law only.

T Kalaiselvan
Advocate, Vellore
69749 Answers
950 Consultations

5.0 on 5.0

- Since, you are a Muslim , hence court will adopt Muslim Law for deciding the petition. 

- Further , as per Shariah, a biological son inherits the property of his father , but an adopted son have not share in father property.

Mohammed Shahzad
Advocate, Delhi
5666 Answers
55 Consultations

5.0 on 5.0

1. Every religion has its own personal laws in India. So court will decide the case according to the personal law.

2. Personal law is Indian law only which takes precedence in the entire country.

Ashish Davessar
Advocate, Jaipur
30006 Answers
867 Consultations

5.0 on 5.0

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