Property devidation under sunni muslim law
sajeedrshaikh1
(Querist) 06 September 2016
This query is : Resolved
Hi,
Our family owns a land of 6.5 acres at our home town. There are 3 siblings among whom this land is to be distributed by their Father(who is no more).
However, the eldest son has sale-deed 2 acres of land from the father 18 years before. So, we have a total of 4.5 acres of land left.The eldest son who has already sale-deed 2acres of land have equal shares in remaining 4.5 acres of land as per Muslim law.He is ready to give half of his share( in remaining 4.5 acre) to one brother but not to give another brother.
My query is it possible to transfer his Half of the share on only one brother name?
Kumar Doab
(Expert) 07 September 2016
Generically speaking; The owner can dispose his estate by his free will to anyone.
Rajendra K Goyal
(Expert) 07 September 2016
Owner can sell / gift / mortgage his divided / undivided share in the property
Raj Kumar Makkad
(Expert) 08 September 2016
The partition of Muslim property is not so simple. You have not mentioned about the other family members of your family like your uncles, sisters, mothers, aunts who have also share therein and moreover whether you are Shia or Sunni, also a major factor to reckon with.
After the death of a Muslim, his properties are utilised for the payment of funeral expenses, debts and the legacies i.e. wills, if any. After these payments, the remaining property is called heritable property. Under Muslim law, every kind of property may be a heritable property. For purposes of inheritance, Muslim law does not make any distinction
4. between corpus and usufruct or, between movable and immovable, or, corporeal and incorporeal property. Under English law, there is some difference in the inheritance of movable and immovable property. But, under Muslim law there is no such distinction; any property, which was in the ownership of the deceased at the moment of his death, may be the subject matter of inheritance. Shia Law: Under the Shia law, a childless widow is entitled to get her share (1/4) in the inheritance only from the movable property left by her deceased husband.
(2) Joint or Ancestral Property: The concept of a joint family or of coparcenaries property (as is recognised under Hindu law) is not known to Muslims. Whenever a Muslim dies, his properties devolve on his heirs in definite share of which each heir becomes an absolute owner. Subsequently, upon the death of such heir, his properties are again inherited by his legal heirs, and this process continues. Thus, unlike Hindu law, there is no provision for any ancestral or joint family property. Accordingly, under Muslim law of inheritance, no distinction has been made between self-acquired and ancestral property. All properties, whether acquired by a Muslim himself or inherited by his ancestors, are regarded as an individual property and, may be inherited by his legal heirs.
(3) No Birth Right: Inheritance opens only after the death of a Muslim. No person may be an heir of a living person (Nemoest haeres viventis).
Therefore, unless a person dies, his heirs have no interest in his properties. Unlike Hindu law, the Muslim law of inheritance does not recognise the concept of ‘right by birth’ (Janmaswatvavad)
