Heirship

nusishedi (Querist) 25 February 2012 This query is : Resolved
in india, a muslim(in kerala) as 3 daughters and 1 wife.after his death, who will be his heires?what are its ratio?will distant relatives claim for heirship ? (because he has only daughters,no sons)

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Raj Kumar Makkad (Expert) 25 February 2012
In the given case, widow shall get 2/3 and rest 1/3 share shall be devolved to her daughters in equal shares if the deceased died intestate.

Shonee Kapoor (Expert) 25 February 2012
Paternal and Maternal brothers also have claim on the property.

The property would devolve on following basis

Widow: 1/8th + Residual of male heirs
Daughetrs: 2/3rd + Residual of male heirs

Residual would be distributed in accordance to the proportion of the share these female relatives have.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Adv.R.P.Chugh (Expert) 25 February 2012
1/8th goes to the Widow - 2/3rd to the daughters. Remaining 7/24th goes to agnates (male heirs) in equal respects. If there are none this 7/24th would revert back to daughtgers in equal measures.

prabhakar singh (Expert) 25 February 2012
yes! widow would get 1/8 as her share fixed
and daughters would get 2/3 as there is no son.Remainder would go to those related to husband(whose succession is considered here) through a male called residuaries.If there are none among those residuaries, then by applying doctrine of RAAD (return)the residue so left shall go to daughters alone as neither widow nor widower is entitled to RAAD.

Shonee Kapoor (Expert) 26 February 2012
I disagree, the residual would go to widow and daughters in the proportion of their original share in case there are no male heirs.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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