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Sumaiyah Fathima   08 June 2021

Inheritance of property under muslim law

1st deceased son has 2 girl child...

2nd deceased son has 1 minor child.

3rd daughter has 2 daughters and 1 son.

4th daughter has 1 daughter.

5th daughter has 3 daughters...

The mother of these children have passed away...

The father of these children is the holder of the property...

Now how does the property be distributed under the sunni muslim law. Can there be any claim of share by the daughter in laws with respect to their deceased husbands?

Need explanation of situation if property distributed during the lifetime of the property holder and if the person have passed away.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     09 June 2021

Unlike Hindu Law, estate of a deceased Mahomedan, if he has died intestate, devolves on his heirs at the moment of his death. Under the Mahomedan Law, birth right is not recognised

As per Sec.51 of Mulla Law about Inheritance, there is no distinction in the Mahomedan Law of inheritance between movable or immovable properties or between ancestral and self-acquired property.

In Muslim Law. three Classes of Heirs are recognized.

They are Sharers : Who are entitled to a prescribed share of the inheritance.

Residuaries : Who take no prescribed share, but succeed to the ―residue‖ after the claims of the sharers are satisfied.

Distant Kindred :- Those relations by blood who are neither sharers nor Residuaries.

 

Sharers: The Sharers are 12 in number and are as follows:

(1) Husband

, (2) Wife,

(3) Daughter,

(4) Daughter of a son (or son's son or son's son and so on),

(5) Father,

(6) Paternal Grandfather,

(7) Mother,

(8) Grandmother on the male line,

(9) Full sister

(10) Consanguine sister

(11) Uterine sister, and

(12) Uterine brother.

 

The per capita distribution method is majorly used in the Sunni law. According to this method, the estate left over by the ancestors gets equally distributed among the heirs. Therefore, the share of each person depends on the number of heirs.

Under Muslim law, the nearer heir totally excludes a remoter heir from inheritance. That is to say, if there are two heirs who claim inheritance from a common ancestor, the heir who is nearer (in degree) to the deceased, would exclude the heir who is remoter

 

Now you can decide who will get what under the Muslim personal law as per your question.

 

 

1 Like

P. Venu (Advocate)     09 June 2021

Admittedly, father who is the holder of the property is alive. The property opens up for partition only after his lifetime. No suggestion is practical at this stage.

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