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shabbir (manager)     08 March 2010

Daughter's Rights on her mother's property

Hello,

My mother's mother having 6 childrens, 4 sons and 2 daughters. After her decease, she made a will in which she has transeferred all the property between 4 sons and not given any rights to their daughters. The property is an ancestral and not self acquired. We are muslim. So now daughters can claim anything from that..??



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 3 Replies

A V Vishal (Advocate)     08 March 2010

The Muslim law of succession is a codification of the four sources of Islamic law, which are (1) The Holy Koran itself, (2) The Sunna — that is, the practice of the Prophet, (3) The Ijma — that is, the consensus of the learned men of the community on what should be the decision on a particular point, and (4) The Qiya — that is, an analogical deduction of what is right and just in accordance with the good principles laid down by God.
Muslim law recognises two types of heirs, the first being Sharers, and the second being Residuaries.
The Holy Book in Sura 4 Verse 7 says, "From what is left by parents and close relatives, there is a share for men and a share for women, whether the property left behind be small or large — and this share shall be fixed."
The Sharers are 12 in number and are as follows:
(1) Husband, (2) Wife, (3) Daughter, (4) Daughter of a son (or son's son or son's son's son and so on), (5) Father, (6) Paternal Grandfather, (7) Mother, (8) Grandmother on the male line, (9) Full sister (10) Consanguine sister (11) Uterine sister, and (12) Uterine brother.
For instance, a wife takes a one-fourth share in a case where the couple are without lineal descendants, and a one-eighth share otherwise. A husband (in the case of succession to the wife's estate) takes a half share in a case where the couple are without lineal descendants, and a one-fourth share otherwise.
A sole daughter takes a half share. Where the deceased has left behind more than one daughter, all daughters jointly take two-thirds. However, these two rules apply only in cases where the deceased has left behind no sons.
If the deceased had left behind son(s) and daughter(s), then, the daughters cease to be sharers and become residuaries instead, with the residue being so distributed as to ensure that each son gets double of what each daughter gets.
1 Like

shabbir (manager)     08 March 2010

Thanks for your reply Vishal. But one thing i still had confusion that...what if the daughters of deceased mother excluded from the Will (Wasiyat). Then also they had the right to claim ?? If yes, then how much?

Aliya (NA)     28 July 2011

I am a married muslim woman who married against my parent's wish. Can I claim a right on my mother's property? My mother is still alive and does not want to give me any share as I went against her wishes to marry some one else? Please let me know?


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