Daughter in law share in motherinlaws property
Irshad
(Querist) 03 December 2013
This query is : Resolved
Hi,
Pls let me know can daughterinlaw claim property which is in my motherin laws name.
pls advice..
ABDUL RAZIQUE
(Expert) 03 December 2013
Dear Irshad
earlier i send you query about your Maslak but till hour you not provide me. As per question your motive is clear that you want to not provide share to your Bhabhi.
You have wrong motive.
My personnel opinion that you left this and hand over her right honestly.
Irshad
(Querist) 03 December 2013
dont doubt my motive.. we want to give her share as per our wish not hers . So i wanted to know whether she can claim share if the property is in name of motherin law...
you have not answered my question and doubting my intention.
Devajyoti Barman
(Expert) 04 December 2013
Why don't you reply the queries raised by Mr.Razique.
Sudhir Kumar, Advocate 
(Expert) 04 December 2013
already well advised at
http://www.lawyersclubindia.com/experts/Daughter-in-laws-share-in-father-in-law-property-as-per-islamic-law-437421.asp#.Up6PcifQzmk
ABDUL RAZIQUE
(Expert) 04 December 2013
Dear Irshad
In the eye of law no wish of person apply there is only and only written judgement which every one is bound to accept.
Irshad
(Querist) 05 December 2013
Thanks Abdul SIr,
As per islamic law tht i know , daughterinlaws cant inhert the property of fatherinlaw and even granddaughter will not have the share until the sons are alive.Pls advice wats provisions in muslimpersonal law.
Also advice on whether daughterinlaw has any claim in motherinlaws property..
Thanks in Advance..
ABDUL RAZIQUE
(Expert) 05 December 2013
Dear Irshad,
Why do not know you try to understand? In The Islamic Law there is some differences between Shia & Sunni Law. And in Sunni Law there are four school each school has different opinion regarding the share in property.
You are having wrong idea or concept that daughter-in-laws cant inherit the property of father-in-law and even grand daughter will not have the share in the property.
Irshad
(Querist) 05 December 2013
I am sunni hanafi pls tell me wats share of daughters in law in my fathers property and abt grandduaghter..
prabhakar singh
(Expert) 05 December 2013
sorry to interrupt!?
TILL OWNER IS ALIVE THERE IS NO QUESTION OR OCCASION TO CONSIDER HEIRS!
TELL SIRS ! IF YOU FIND ME WRONG.
prabhakar singh
(Expert) 05 December 2013
WHAT IF OWNER DECIDES TO HIBBA ALL HIS OWNERSHIP TO ANY ONE OF HIS CHOICE?
PROBLEMS AT LCI ARE LEGAL!
NOT EMOTIONAL?
prabhakar singh
(Expert) 05 December 2013
ARE WE NOT SPECULATING A CHANCE SUCCESSION?
IS THAT NOT HIGHLY SPECULATIVE?
IF I AM ALLOWED TO SAY I WOULD SUBMIT THAT A
WIDOW OF A PREDECEASED SON OF A MUSLIM HAS NO RIGHT OF INHERITANCE IN ANY SCHOOL OF MUSLIMS' PERSONAL LAW.
NOT SURE JUST AT MOMENT BUT I DOUBT IF A GRAND DAUGHTER OF A PREDECEASED SON IS A SHAERER!?
ENLIGHTEN ME PLEASE MR. RAMACHANDRAN OR MR.ANIRUDH OR MR. ABDUL RAZIQUE !?
Irshad
(Querist) 09 December 2013
Pls advice
ABDUL RAZIQUE
(Expert) 09 December 2013
Agree with Prabhakar Singh Ji. with first attempt.
Hiba is a type of oral Gift. It is two different type, one is without consideration and other is with consideration.
Prabhakar sir you are my senior and always welcome to discuss.
As per my knowledge The bequest of property (or money) after one’s death to a particular person. A Muslim cannot bequeath more than 1/3rd of his total property (but if a woman has no blood relations & her husband would be the only heir, then she can WILL 2/3rd of her property in his favour) This amount is calculated after the funeral costs and debts have been paid.
and more later discuss. plz give me time.
prabhakar singh
(Expert) 09 December 2013
MY DEAR ABDUL RAZIQUE !
It IS NOT A QUESTION OF DIFFERENCE.
I SIMPLY SAID THAT ONLY HIBAS MADE ON DEATH BED CAN BE TREATED AS WILL NOT OTHERS.
ABDUL RAZIQUE
(Expert) 10 December 2013
No Sir, Hiba is like a Gift,Not a will, In this case possession is most important factor for accepting person, Like a WILL there is no need to probate in the court. It is made any time in life, not mandatory to made on Death Bed, Death Bed time a paper or document made that call Will or WASIYAT.
prabhakar singh
(Expert) 10 December 2013
Dear ABDUL RAZIQUE !
You are right in pointing out that gift is called HIBA and will is called VASIYAT and two documents are quite different.While HIBA
transfers rights inter vivos ,VASIYAT comes in force only after death of testator AND A MUSLIM TESTATOR CAN NOT TESTATE MORE THAN 1/3 rd.
BUT I WAS TALKING ABOUT A GIFT MADE BY A MUSLIM DURING MARZ-UL-MAUT(death illness).SUCH GIFTS CAN NOT TAKE EFFECT BEYOND 1/3 rd.(i refer Mulla's same text again,chapter X section 135)
