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
My follow up question is, if MPL is followed adopted son have share in father property ?
Hello,
Hello,
When MPL is followed, adopted son does not inherit from his father as basically Islamic law does not permit adoption of a son.
Sir, Yes i am muslim so MPL will take procedence in Andhra Pradesh as well ?
1. The muslim person law shall be applicable for property in muslims.
Court will act as per Muslim personal law
Muslim law does not permit adoption
It will take precedence in AP as well
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.
Hi, as per Mohammeddan law the property will be divided.
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.
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.
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.
- 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.
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.
