16 Dec 2025, Tue

The Supreme Court notice on giving Muslims the right to the will, at present, is the right to the will of one -third of the property.

On an important question related to Muslim will, the Supreme Court has issued a notice to the Central Government. In the petition, the petition has also demanded to bring Muslims under sections 58 (1) and 57 of the Indian Supplies Act. The petitioner has opposed the system of Muslim personal law, under which a person can do only one third of the property. Approval of legal heirs is necessary for the will of the rest of the property.

Muslim Personal Law violates the fundamental right of religious freedom: Petition

The petition of Kerala, who is advocating in Abu Dhabi, stated that the Holy Quran allows Muslims for a will, but limits the Muslim personal law applicable in India. This provision of personal law is not according to the Quran. In such a situation, it violates the fundamental right to religious freedom found under Article 25 of the Constitution. It also violates Article 14, 15 (right to equality), 21 (right to life) and 300A (right to property).

Father cannot give equal property to sons to daughters: petition

The petitioner has said that in modern times boys and girls are being seen with equality, but if a Muslim father wants to give equal property to his sons and daughters, he cannot do so. Muslim personal law prevents him from doing so. At present, one -third of the property has the right to the will. Supreme Court Justice P.S. Narasimha and A. S. Chandurkar’s bench accepted the petition for hearing after a short debate. The court said that it will hear this petition with a petition already pending on this subject.

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