Property distribution - as per mohammadan law - no male heir

This query is : Resolved 

Querist : Anonymous (Querist)
28 January 2020

My Father-in-law and his brother equally divided their father’s property among them and living peacefully and they have good family relationship. My Father-in-Law does have daughters and no male heir, and his brother does have male heir.
My Father-in-Law owned a ancestral property, which came under his possession during his father’s property division.
I request you to clarify , In this scenario does male heir of Father-in-law’s brother’s son does have right on my Father-in-law property as per Indian Mohammadan law ? We wanted that property should shared among his daughters only. What is the solution ? can my father-in-law write will stating that after my demise this property should be distribute among my daughters.
By the grace of Almighty my father-in-law is doing fine and he is aged.

Raj Kumar Makkad (Expert)
28 January 2020

As per Mohammedan Law, only 1/3 share of the property can be bequeathed by way of gift so even if your father in law goes in that direction, it shall be limited only upto 1/3 share.

Your main concern is to know how the properties of your father in law shall be distributed. After deducting the funeral expenses, the widow shall get 1/4 share of remaining property and the rest shall be distributed among the unmarried daughters and brother in equal share.

Dr J C Vashista (Expert)
30 January 2020

I endorse expert advise of Mr. Raj Kumar Makkad, nothing more to add.

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