Share inherited by a muslim
PrnBCRBant
(Querist) 04 September 2011
This query is : Resolved
Dear Experts,
One Muslim individual has left behind a property & left behind only his wife & 4 sons & 2 daughters ? what is the share of inheritence by them. (they are Sunni Muslim & no other legal heirs exists in this case.
Raj Kumar Makkad
(Expert) 04 September 2011
Repeated query. You have not told whether the deceased was shia or sunni or how much brother and sisters he had and whether his mother and father are alive or not.
prabhakar singh
(Expert) 04 September 2011
his wife (widow )will get 1/8
in 1-1/8=7/8 left as residuary which shall be divided in ratio of(son) 2:1(daughter).
hence sons2/3of 7/8=7/12
and daughters1/3of7/8=7/24
for 4sons 7/12/4 each son
for 2daughters7/24/2each daughter
R.Ramachandran
(Expert) 04 September 2011
Assuming that only the widow, 4 sons and 2 daughters are the heirs and there are no other heirs, then Mr.Prabhakar's calculation will under go a slight change as under:
Wife (widow) 1/8th share.
All the 4 sons will get 14/80th each.
All the 2 daughters will get 7/80th each.
prabhakar singh
(Expert) 04 September 2011
i think as ratio 2:1 sons:daughter
has gone inter changed4:2sons:daughter
to achieve equality .
any way as per rule widow as share will get 1/8 an sons and daughter will share in proportion of 2:1 is the law rest is arithmetic.
PrnBCRBant
(Querist) 05 September 2011
Dear Experts,
Thanks a lot to each & every one for enlightening me on the law of inheritence applicable to the case.
prabhakar singh
(Expert) 05 September 2011
But last night i was tired so could not work out on arithmetic provided by Mr.R.Ramachandran !
I still feel arithmetic provided mentally by me was correct.
1-1/8(widows'share=7/8 left as residuary which further needs to be divided in (4s+2d=6in all)hence now denominator changed
as 48.
hence it works out as :
1=6/48(w)+7/48(s1)+7/48(s2)+7/48(s3)+7/48(s4)+7/48(d1)+7/48(d2)
so as to read 6/48 of widow
and +28/48being double for4 sons
and +14/48beingsharefor2daughters
...........................................
= 48/48=1
...........................................
Here all looking to get equal because of inter change of ratio division wanted 2:1 between sons and daughter proceeds to equalize as 4:2 are sons:daughters.
Raj Kumar Makkad
(Expert) 05 September 2011
You are perfectly correct prabhakar singh ji.
prabhakar singh
(Expert) 05 September 2011
But after having a personal guidance from Mr. Ramachandran i am quite confused as he says
the common denominator would be 96,and i am some what convinced unless i get some molvi opinion as in my practice i had never got a chance to contest a muslim case.
R.Ramachandran
(Expert) 05 September 2011
Dear Mr. Prabhakar,
I was only mentioning to you that if the son's share is 7/48, then the daughter will get only half of that which means the ratio would become 7/96 in your calculation and not 7/48 as mentioned by you.
In any way, even if 7/48 for sons and 7/96 for daughters is arrived at, it will not make the total to 7/8 (the residuary share after leaving 1/8th to the mother).
Therefore, if we go by the assumption that there are no other eligible inheritors under the Sunni Law, except the 7 persons i.e. 1 mother, 4 sons and 2 daughters then their respective share would be as under:
1/8th for mother
14/80th for each of the son (total 56/80)
7/80 for each of the daughters (total 14/80)
Thus 56/80 + 14/80 = 70/80 = 7/8 (residuary share).
Mother 1/7 + sons & daughters 7/8 = 8/8 = 1
prabhakar singh
(Expert) 05 September 2011
so i am still poor as i was in school days when it came to fractions.
PrnBCRBant
(Querist) 05 September 2011
Dear experts,
Even I went thru the calculations of R. Ramchandranji. I feel this is correct & got confirmed with one of my collegue also. both of us are of the same opinion.
But we were doubtful on the issue that on the balance of 7/8 th share whether all the sons & daughters are eligible to the total in the ratio of 2:1 (son : Daughter) or is that it is out of 2/3 is applicable to sons & 1/3 to daughters, as calculated by Prabhakarji. (May be the ratio is same, i this case as the no. of sons to the daughter is 2:1)please clarify. as we feel that it is 7/8 is divided among the children as a whole in the ratio of 2:1.
R.Ramachandran
(Expert) 05 September 2011
I applied law to the fact and not the fact to the law.
Therefore I stand by my calculations.
J K Agrawal
(Expert) 05 September 2011
Sorry Prabhakar uncle, May I try to explain?
Wife will get 1/8 as Share holder. No doubt.
Son and daughter will get as residuary and (A)son will get double of (A)daughter's share.(please add "a" before the word "son" and "daughter")
if daughter get x share the son will get 2x share.
Here 2 daughters = 2x and 4 sons = 8x total 10x
The 7/8 part will be divided in 10 parts out of them each daughter will take 1 part that 7/80 part and each son will take 2 parts that is 14/80 part.
like wise "son will get double of daughter's part"
am i right sir?
PrnBCRBant
(Querist) 06 September 2011
Dear all,
As majority of us,(as discussed over here) go by the calculations of Ramachandanji & as well explained by Agrawalji. I decided to go by these calculations. But at the same time, I am very much thankful each & every one to the healthy discussions made on the topic & expressing their views & opinion. Thank you one & all.
