Hindu women cannot claim property rights from Muslim Husband

A Hindu women who marry a Muslim Male is invalid, Supreme Court declares law in Mohamed Salim Case on 22/1/2019. The Kerala Girl Valliamma who married Mohammed Illias and gave a bith to a male child Samsudeen, who subsequently married Aliyarkunju after his death. The supreme court denied Valliamma as a legal heir of Illias. The SC citing the mohamedan law which states as “ A Mahomedan male may contract a valid marriage not only with a Mahomedan women, but also with a Kitabia, that is, a Jewess or a Christian, but not with an idolatress or a fire worshipper. A Marriage however, with an idolatress or a fire worshiper, is not void, but merely invalid.” Supreme court has not cleared whether a invalid marriage which exists for a long years can be validated under law. But SC has stated that the person who claims wife status under an invalid marriage cannot obtain legal heir status as wife. And the property of the Muslim male husband don’t devolve to the wife under invalid marriages. But Supreme Court has approved the children’s are given legitimate status and who were born under the invalid marriage can be treated as legal heirs for the purpose of the property. The position that a marriage between a Hindu woman and Muslim man is merely irregular and the issue from such wedlock is legitimate has also been affirmed by various High Courts. (Aisha Bi v. Saraswathi Fathima, (2012) 3 LW 937 (Mad), Ihsan Hassan Khan v. Panna Lal, AIR 1928 Pat 19). The marriage of a Muslim man with an idolater or fire ¬worshipper is neither a valid nor a void marriage, but is merely an irregular marriage. Any child born out of such wedlock is entitled to claim a share in his father’s property. It would not be out of place to emphasise at this juncture that since Hindus are idol worshippers, which includes worship of physical images/statues through offering of flowers, adornment, etc., it is clear that the marriage of a Hindu female with a Muslim male is not a regular or valid marriage, but merely an irregular marriage. The Authour K.P.Satish Kumar M.L. is the Advocate in Madras High Court By Team Daniel & Daniel Join Our Whattsapp Group @ 9840802218

Whether Deepa and Deepak will get the entire properties of Late CM of Tamilnadu ?

In a surprise move of the Madras High Court on Thursday, which orders to serve notice through all modes including e-mail, courier and WhatsApp. At the first time in the Indian Judicial history the High Court at Madras has issued notices to the parties which it was impleaded suo motto by the electronic and mobile devices. And notice was also permitted through courier. Notice through electronic and courier doesn’t give any delivery proof. But notice through whattsapp can show the delivery and the also shows the status of the notice whether read by the recipient. Even there was no law or legal sanity of sending notice through e-mail, Courier and Whattsapp. Let us see whether any apex court will approve the legality of the notice regarding the legal sanity of the new channels which is opened by the High Court of Madras. The Second legal question is whether the High Court can decide the Property matters of the private persons regarding the civil rites in a public interest litigation rather than a civil suit filed by the competitive parties in the property disputes. The Third legal question is whether Deep and Deepak who are the brothers son of the Late CM of Tamilnadu can get the properties of their aunty, whom they fall under Class IV of the Legal heirs under Hindu Succession Act can be decided when the original owner has not raised the dispute regarding their properties from the illegal occupants of the property. The High Court of Madras can take use its Ordinary Original Jurisdiction as one the prime property of the Late CM lies in Chennai and for Jurisdiction purpose it is worth more than 25 lakhs, which falls within the jurisdictional limit of the High Court at Madras. But the Writ Court is trying the case will lead the complication or not must be a watchable one and subject to the opinion of the Apex Court. The above scenarios are paving way for the modern law of this new era, which should be decided as possible. Since serving notice through the electronic devices and courier which was the fastest and convenient way for serving notice will find its way in the legal hemisphere. When it was moved legally by Deepa and Deepak they had absolute chance to get the succession for the estate of the Late CM of Tamilnadu. But this also shows the position unless judicial intervention even the Kin and the kith’s of the Chief Minster also fell as victim for the illegal land grabbers. Author K.P.Satish Kumar M.L., Advocate Madras High Court Property Lawyer in Chennai

Must witnesses know the contents of what they are signing a Will - Probate Lawyer Helpline - 9840802218

A will which is executed in accordance with this Act is validly executed even if a witness to the will did not know that it was a will. Publication of will not requisite - Every will executed in manner hereinbefore required shall be valid without any other publication thereof. 'Publication' means that the witnesses need to know that the document is a will, and is achieved by the testator making a declaration in the presence of the witnesses that the document produced for signing is a will. This requirement was replaced by the requirement that the will be attested by two witnesses. Where a testator signs his or her will in the presence of witnesses, and does indicate the purpose of the document, it is not necessary for the witnesses to know the contents of that will. The law require any knowledge on the part of the witnesses that they are witnessing the signature of the testator to his or her will. In circumstances where the witnesses are not aware that the document is a will, it is assumed that they would be unable to give evidence as to the signatory's testamentary intent. They would merely be able to give evidence that they witnessed the act of signing (devoid of any evidence of intent), and of the perceived state of mind of the testator at that time. Hence the witness whether they knowing or not knowing the contents of the will but must aware that they are subscribing their signature for the will written by the testator. The Author K.P.Satish Kumar M.L. is the leading Probate and Will lawyer. You can get free legal advise on Probate and Will to the team Daniel & Daniel @ 9840802218.

How many Witness required to subscribe a Will - Probate Lawyer Helpline - 9840802218

Law provides minimum two witness should subscribe the Will, to have a valid Will two witness is needed. Is it necessary that there be two witnesses? It appears that there is more than one reason for this safeguard. First, there is greater likelihood of at least one witness still being available at the time of application for probate should evidence as to the circumstances of the will-making be required. Second, the rule requiring two witnesses provides a greater safeguard against forgery and undue influence than would a rule requiring only one. There has been a call for a provision to include the recognition of 'self-proving' wills whereby the signing of the will is notarised by one person of appropriate standing. Assuming the formalities of notarisation are carried out correctly, testamentary intention could be presumed. Two witnesses present at the same time: The requirement that both witnesses are simultaneously present at the time the testator signs (or acknowledges his or her signature) is designed to prevent forgery and fraud, and to ensure that the testator is fully aware of the seriousness of the occasion. However, there is no requirement that the witnesses sign in the presence of each other. Currently, it is possible, so long as the testator has signed or acknowledged his or her signature in the presence of both witnesses at the same time, for the witnesses to attest on separate occasions so long as they do so in the presence of the testator. Following on from that, a question arises about whether both witnesses need to witness the same act. Is it necessary for the testator to sign or acknowledge in the presence of both witnesses at the same time, or could this be done serially? In ordinary circumstances it would appear that there should be no problem in the witnesses signing serially. However, there are certain circumstances where problems could arise. For example, if there is a time-delay between the signing the testator may attempt to alter the provisions of the will before the second witness signs. Such alterations would fall outside the strict attestation requirements. Confusion could also arise regarding the date of execution. If dates are given with each signature, at what point would the will be deemed to have been executed? There could be some advantage in permitting some form of serial witnessing but acknowledges that serial witnessing may give opportunity for confusion. On the balance it is contended that it is preferable that both witnesses be present The Author K.P.Satish Kumar M.L. is the leading Probate and Will lawyer. You can get free legal advise on Probate and Will to the team Daniel & Daniel @ 9840802218.

How should a will be executed? - Probate Lawyer - Helpline 9840802218

Today we receive queries from many persons that how should a will be executed. How to make a valid will. If a will written by them will became invalid after their death. What are the things to make a valid will. (1) A will is not valid unless - (a) it is in writing and signed by the testator or by some other person in the presence of and at the direction of the testator; and (b) the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and (c) at least two of those witnesses attest and sign the will in the presence of the testator (but not necessarily in the presence of each other). (2) The signature of the testator must be made with the intention of executing the will; but it is not essential that the signature be made at the foot of the will. (3) It is not essential for a will to have an attestation clause. (4) Where a testator purports to make an appointment by his or her will in the exercise of a power of appointment by will, the appointment is not valid unless the will is executed in accordance with this section. (5) Where a power is conferred on a person to make an appointment by a will that is to be executed in some particular manner or with some particular solemnity, the person may exercise the power by a will that is executed in accordance with this section, but is not executed in that manner or with that solemnity. If you fulfill all the above conditions you need not worry about your will. Every thing will devolve according to your last made will to your successors. The Author K.P.Satish Kumar M.L. is the leading Probate and Will lawyer. You can get free legal advise on Probate and Will to the team Daniel & Daniel @ 9884883318.

What Property May Be Disposed Of By Will? - Probate Lawyer Helpline - 9840802218

The is a general question in the minds of the people that what are the properties are subject to be disposed by a Will. The Following properties can be disposed by a person by a way of Will. (1) A person may dispose by will of property to which he or she is entitled at the time of his or her death. (2) A person may dispose by will of property to which the personal representative of that person becomes entitled by virtue of the office of personal representative after the death of that person. (3) It does not matter if the entitlement of the person or of the personal representative did not exist at the date of the making of the will or at the date of death. (4) "Property" includes - (a) any contingent, executory or future interest in property; and (b) any right of entry or recovery of property or right to call for the transfer of title of property. (5) A person may not dispose by will of property of which the person was trustee at the time of death. On the above basis one can write a will to dispose the properties by the way of Will. The Author K.P.Satish Kumar M.L. is the leading Probate and Will lawyer. You can get free legal advise on Probate and Will to the team Daniel & Daniel @ 9884883318

What is Probate - Helpline - 9884336772

When someone dies and leaves property, money and possessions – their estate – you need to sort out who gets what. To do this you need what is known as a 'grant of representation'. This proves your authority to administer the estate. What form this takes will depend on whether a will has been left. If the deceased left a will and appointed an executor (sometimes more than one executor is named), that person will need to get what is known as a 'grant of probate'. However, if there is no will, the next of kin apply for what is known as a 'grant of letters of administration'. The process of applying to the court for the grant and the document you use to manage the estate is often generically referred to as 'probate' – for the sake of this guide and simplicity, this is the term we will use. Probate is the same for everyone in England, Wales and Northern Ireland, but if you live in Scotland it's called 'confirmation'. Put simply, and in order, the executor's job and the process of dealing with probate involves: Gathering any assets, eg, money left in bank accounts Paying any bills Distributing what's left according to the will The Author Bobby Portia Alex is the leading Probate Advocate in Chennai. You can talk to the top property lawyer, top probate lawyer for free 15 minutes @ 9884336772. Queries about Top Probate advocate in Chennai, leading property in Chennai, advocate for will, advocate for probate. Daniel & Daniel Advocates.