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I am from a Muslim family in Kerala. My mother passed away in 2011 and left a Will stating that her property would be given to me after her death. She had three sons and one daughter (me). At the time of writing the Will, the other sons had no objection to me receiving all her property. However, now, years later, two of my brothers are claiming the Will is invalid for a Muslim and are demanding that the property be divided. Is it true that the Will is invalid and I cannot claim the full property my mother willed to me? Can my brothers challenge the Will? If so, how will the 38-cent land be divided among the four children (three sons and one daughter)?
Your mother’s Will is legally valid unless proven otherwise in court. You have the right to claim the entire property as per her wishes. If your brothers challenge the Will, you may need to defend it in court. If the Will is contested, the property will be divided according to Muslim personal law, which generally gives a share to both sons and daughters. For further legal assistance contact us on our helpline number.