• Inherited property dispute

I am a Muslim. My father has 2 wives. I am eldest and only son from first wife and there are 3 more children( sisters). 2nd wife has 3 sons and 2 daughters. My father ( no more now) has made a will assigning his ancestral property to his 4 sons and his 2nd wife. Management rights of the property has been assigned to his 2nd wife and one of her son. 

Keeping in view 2nd wife's past behaviour towards children from 1st wife, we are of the firm view that she will be usurping the entire proceeds from the property and will not be giving us our share. 

What legal remedy do we have to nullify the will , and claim  equal share from the property ? 

Secondly, there are few properties which have been bought by my father ? Do children from the Ist wife have any claim on those properties which have been bought by my father ?

Kindly advise. 

Asked 4 years ago in Property Law from New Delhi, Delhi
1)muslim cannot bequeath his entire property by will . only 1/3rd property can be bequeathed by will . you can challenge the will on said ground . 

2) yes children of first wife have claim on properties bought by father . 

3) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
44209 Answers
2562 Consultations

5.0 on 5.0

1. Property bequeathed by your father is in excess of his rights as a muslim cannot make a will of more than 1/3rd of his property. You may thus challenge the will in so far as the property bequeathed is beyond what he could legally have done.

2. The children of first wife have an equal share in the properties of their father.
Ashish Davessar
Advocate, Jaipur
22958 Answers
631 Consultations

5.0 on 5.0

muslim can bequeath . only 1/3rd property  by will .  children of first wife have claim on properties bought by father .
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

3.5 on 5.0

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