Legal Question in Family Law in India
i am muslim divoced woman and our mariage was a nikah marriage ,i have a with a daughter of 9 years old >now i am planning to get married to someone.i am a muslim woman,and getting maintenace from my former husband for both me and my daughter.Now my question is that ,as i am marrying again i cannot claim any maintenace but my daughter can claimed her part .my husabnd has also remmaried again .Now i want to know that can my daugher have ant right in her biological fathers property ,after she become major,cause right now she is 9 years old .how can she claimed her right for her future studies and on getting married and what will be the appropriate time for filing any case and what is the forum and under what law.as she is minor now and and do not know any thing about her rights .my former husabnd has landed property and as she is married now ,he si going to ahve children from her new wife and they will also climed in their fathers property ,then ia m afreid that her daughter from her previous wife i.e me may afterwards will be in a great mess .pls hlep me
1 Answer from Attorneys
Quran has provided independence and right to women in all aspects. It clearly talks of daughter�s right to 1/3rd property irrespective of being movable or immovable and agricultural land is not an exception.
If there are any sons the share of the daughter(s) is no longer fixed because the share of the daughter is determined by the principle that a son inherits twice as much as a daughter. In the absence of any daughters this rule is applicable to agnatic granddaughters (son's daughters). The agnatic granddaughter has been made a Quranic heir (sharer) by Muslim jurists by analogy.
yes it possible for a muslim woman to go to the court and ask it to evoke sharia in her case to get her legal property rights.
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