H and W, both professing Muslim faith marry under the Special Marriage Act, 1954. In course of time…
Because H and W married under the Special Marriage Act, 1954, Section 21 of that Act makes succession to the property of the issue of the marriage governed by the Indian…
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H and W, both professing Muslim faith marry under the Special Marriage Act, 1954. In course of time they are blessed with two sons and two daughters. The eldest child, S1 was very successful and made a lot of money while the rest of the family members were in dire financial circumstances. He maintained a separate habitation, refused to share his money and executed a Will of his total property in favour of a trust before his death at the age of 44 excluding completely his younger siblings and old parents. The Will would be
Answer and explanation
Correct answer C
Because H and W married under the Special Marriage Act, 1954, Section 21 of that Act makes succession to the property of the issue of the marriage governed by the Indian Succession Act, 1925, not Muslim law, so S1's Will is "valid as he can make a Will of his total property.", without the one-third limit of Muslim law.
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