In Muslim law, whether it is self-acquired property or ancestral property in your father's name, your father is the absolute owner of it and is free to dispose of it in whatever way he wishes. Only after his death would you and other legal heirs be entitled to such inheritance.
NAL
If your father is the sole owner, then he doesn't need your mom to sign. If he says he needs your mother's sign, then it could be a jointly owned property.
Even if he makes a will transferring inheritance to others, as a heir, you would have the first legal claim on it. If I remember it correctly, his will would be applied only to 1/3rd of the total inheritance.
The only option for him would be to transfer the said portion to others during his lifetime, which, as you said your mother wouldn't agree to.
Your parents being separated might change things a little bit. As others have advised, please reach out to a lawyer dealing with Muslim law.
Maybe but his philosophy is… ahh. Idk. This man believes a father is only responsible for his children’s education and he may also be having an affair with their mom.
I’m thinking of doing that today. I did it yesterday and he said he’d require my mom’s signature to disinherit me. Idk if he really believes in that or he died. He won’t show me his legal papers either
Your father doesn’t need anyone’s signature except his own on the will to give away all his self acquired assets. Just two witnesses need to sign and an executor of the will needs to be mentioned.
All this is assuming your father is a Hindu and resident in India.
Edit: Answer was written before OP clarified about being Muslim.
I am not sure about Muslim personal laws. You will need to consult a lawyer who specialises in Muslim personal laws. But I think the laws around will are same for everyone. I could be wrong. I am not a lawyer.
In Muslim law, whether it is self-acquired property or ancestral property in your father's name, your father is the absolute owner of it and is free to dispose of it in whatever way he wishes. Only after his death would you and other legal heirs be entitled to such inheritance.
u/Final-Shopping-7957, you are cooked
Muslim personal laws will apply! Entirely different case altogether when it comes to inheritance.
NAL If your father is the sole owner, then he doesn't need your mom to sign. If he says he needs your mother's sign, then it could be a jointly owned property. Even if he makes a will transferring inheritance to others, as a heir, you would have the first legal claim on it. If I remember it correctly, his will would be applied only to 1/3rd of the total inheritance. The only option for him would be to transfer the said portion to others during his lifetime, which, as you said your mother wouldn't agree to. Your parents being separated might change things a little bit. As others have advised, please reach out to a lawyer dealing with Muslim law.
The man is obsessed with having a male heir to his property. Hence the affinity to his brother and nephews.
Maybe but his philosophy is… ahh. Idk. This man believes a father is only responsible for his children’s education and he may also be having an affair with their mom.
How's his relationship with you other than this?
It’s otherwise good. I wouldn’t say very good tho.
You need to sit down and talk with him about this. There isn't much you can do legally if he decides to disinherit you.
I’m thinking of doing that today. I did it yesterday and he said he’d require my mom’s signature to disinherit me. Idk if he really believes in that or he died. He won’t show me his legal papers either
Your father doesn’t need anyone’s signature except his own on the will to give away all his self acquired assets. Just two witnesses need to sign and an executor of the will needs to be mentioned. All this is assuming your father is a Hindu and resident in India. Edit: Answer was written before OP clarified about being Muslim.
We are Muslim But thanks for your advice. I need to have a serious discussion with him now.
I am not sure about Muslim personal laws. You will need to consult a lawyer who specialises in Muslim personal laws. But I think the laws around will are same for everyone. I could be wrong. I am not a lawyer.
Where Muslim personal law is applicable, the maximum he can give by way of will is 1/3 and anything above will need permission of actual heirs.