Partition of mother's proprty
wasim
(Querist) 18 August 2017
This query is : Resolved
Sir,My grandmother inherited property from her father and has died.she has 5 sons and one daughter..how is it going to get distributed among her sons and daughter according to Muslim law?
Dr J C Vashista
(Expert) 19 August 2017
Academic question.
The question should have been set in the question paper for students of law at college level.
Azhagananth
(Expert) 19 August 2017
Distribution of the Property:
Under the Muslim law, distribution of property can be made in two ways – per capita or per strip distribution.
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.
Per strip distribution method is recognised in the Shia law. According to this method of property inheritance, the property gets distributed among the heirs according to the strip they belong to. Hence the quantum of their inheritance also depends upon the branch and the number of persons that belong to the branch.
Rights of females:
Muslim does not create any distinction between the rights of men and women. On the death of their ancestor, nothing can prevent both girl and boy child to become the legal heirs of inheritable property. However, it is generally found that the quantum of share of female heir is half of that of the male heirs. Reason behind this is that under the Muslim law a female shall upon marriage receive mehr and maintenance from her husband whereas males will have only the property of the ancestors for inheritance. Also, males have the duty of maintaining their wife and children.
