Mother's property rights

Munavar Mohammed (Querist) 22 February 2023 This query is : Resolved
Dear respected experts,

After my father's death, the property was transferred to my mother, and we are 3 children, 2 sons and 1 daughter ( married). My mother now wants to dispose the property , what could be the division of share . Your advise is highly appreciated. ( We are Sunni muslims ).

Thank you

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Following a father's death under Sunni Muslim law in India, his property is divided among his legal heirs. If the father's property was transferred to the mother, its subsequent division when she wishes to dispose of it will follow specific inheritance rules. Generally, the widow receives a share (e.g., one-eighth if there are children), with the remainder distributed among the children.

kavksatyanarayana (Expert) 22 February 2023
How was transferred the property to your mother? As per Sunni Muslim Law, the property of your father will be distributed among your mother and you and your siblings in equal share.

Dr J C Vashista (Expert) 23 February 2023
The Muslim Personal Law (Shariat) Application Act, 1937, governs inheritance of properties among Muslims.
If the widow has children and grandchildren, her share of the property is one-eighth of the deceased husband’s property.
If there is more than one wife, this share may come down to one-sixteenth.

Munavar Mohammed (Querist) 23 February 2023
Thank you for all your responses, here after my father's death, the land papers were transferred in to mother's name by authorities. Now we want to dispose it off, 2 Sons and 1 daughter, so what is the percentage of share as per musilim act in India?

P. Venu (Expert) 23 February 2023
"After my father's death, the property was transferred to my mother ......." How this transfer was executed? Please post the complete facts.
On the death of the father, all his property is jointly vested with the legal heirs. Under Sunni Law, it need not be the case that the widow and children alone are the legal heirs.

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