We are a Muslim family from Uttar Pradesh. My deceased father had 2 wives both alive & I am the eldest som aged 46 yrs from first wife. My deceased father owning an inherited orchard wrote a registered will favoring me, ,his 2nd wife and 3 sons from 2nd wife stating mango orchard's annual income to be distributed equally. Will also mentions that 2nd wife shall have the right to sell the orchard annual produce to 3rd party and after her elder son. Me being a son from first wife has not been granted a right accept that I am entitled for 1/5th of annual produce income. For the past 7 yrs , 2nd wife has been selling produce and is not giving my portion of produce income due to me. Will also doesn't give any right in my father's property to my mother (,first wife) who is also alive. Please advise on the legal discourse available to me to claim my portion.of income and can I file a FIR against her for usurping my portion of annual income for past 7 years. What legal option do I have to separate my portion of orchard and sell produce on.my own. Regards,
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Muslim cannot bequeath more than one third property by will
2) you and your mother have to file suit to claim your share of annual income as you are one of the legal heirs
3) you can also seek partition of property
4) seek injunction restraining sale of property by other legal heirs
A will with respect to the property can be made by a person. But a person can only will 1/3rd of his property as specific shares have been allotted to wife and siblings of a person.
In muslim law a person cannot give away all of his property through a will.
Therefore the will which denies you your share is invalid to that extent. You should file a partition suit.
Dear Sir,
Given the situation that you have stated, you and your mother are also entitled to enjoy your share in the property. The best option here would be to immediately file a partition suit and get your share separated.
Thank You.
- As per Muslim Law, A Muslim is allowed to give away his entire property, whether the property is self acquired or ancestral, during his lifetime by gift, but only one-third of the total property can be bequeathed by WILL.
- Hence for getting your share in the property left by your deceased father you can file a partition & Injunction suit before the court , and thereby you can also claim the income as well.
See first of all you have to get stay from High Court for not to sell a single mango from orchard till you get your 1/5th share in the mangoes every year ripe and your last 7 years share as well.
Plus in that stay kindly ask for partition of the property according to WILL for your 1/5th share.
If you have that WILL written in English then I can guide you regarding this.
There is a strict rule in Islamic law that governs the validity of a Will. According to this rule, a Muslim can make a Will in favour of anyone, only to the extent of one-third of his total property. If the Will is made beyond one-third of the property, the consent of the legal heirs is mandatory no matter in whose favour the Will is made.
You can challenge the Will in court of law on the basis of its validity.
You can file a suit for partition also on the basis of this illegality of the Will.
Yes you can file FIR and proceed with criminal and civil both remedies for your share in property
