Query regarding the share of muslim personnel law
Rashid Ali
(Querist) 15 December 2012
This query is : Resolved
one muslim buy a peace of residential land and dies. there are his widow and only two daughters as his legal hairs. in this way the said property is self acquired property . now the brothers and sons of brothers are claiming for their share in deceased self acquired property giving the reference of muslim personnel law. is there claim right or wrong in the light of various decision of high courts and apex court please advice.
Raj Kumar Makkad
(Expert) 15 December 2012
Rashid! In the given matter, after deducting the debt of father and burial expenses out of the property left by deceased, total 1/3 share shall go to daughters which shall be distributed by them in equal share and 1/6 shall go to his widow and rest of the property shall be called residuary share which shall be distributed by brothers and sisters of deceased in equal share.
Rashid Ali
(Querist) 15 December 2012
sir please provide citation in which high courts /apex court has ordered 100 percent share only for widow and daughters like said query. not for deceased brother and brother son.is it possible that we should not follow muslim personnel law in this case .?
Raj Kumar Makkad
(Expert) 15 December 2012
Muslim law permits this aspect as already discussed by me so how a citation contrary to legal position can be got traced, however, this right is prevalent in Hindu law.
