In Non-testamentary succession, the Muslim Personal Law (Shariat) Application Act, 1937 gets applied.
The whole estate of a deceased Mahomedan if he has died intestate, or so much of it as has not been disposed of by Will, idevolves on his heirs at the moment of his death.
The heirs succeed to the estate as tenants-in-common in specific shares.
As per Sec.51 of Mulla Law about Inheritance, there is no distinction in the Mahomedan Law of inheritance between movable or immovable properties or between ancestral and self-acquired property.
There is no such thing as a Joint Mahomedan family nor does the law recognize a tenancy in common in a Mahomedan family.
In Muslim Law. three Classes of Heirs are recognized.
They are Sharers : Who are entitled to a prescribed share of the inheritance.
Residuaries : Who take no prescribed share, but succeed to the ―residue‖ after the claims of the sharers are satisfied
. Distant Kindred :- Those relations by blood who are neither sharers nor Residuaries.
Sharers:
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 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.
Residuaries:-
If there are no Sharers, or if there are Sharers, but there is a residue left after satisfying their claims, the whole inheritance or the residue as the case may be, devolves upon Residuaries in the order set forth.:
I Descendants:
i. Son
ii. Son’s son
II Ascendants:
i. Father.
ii. True Grandfather
Distant Kindred:-
(1) If there be no shares or Residuaries, the inheritance is divided amongst Distant Kindred. (2) If the only sharer be a husband or wife, and there be no relation belonging to the class of Residuaries, the husband or wife will take his or her full share, and the remainder of the estate will be divided among Distant Kindred.
The list of legal heirs to succeed in the given situation is very big and it is an exhaustive list, therefore it would be advisable to get the properties partitioned amicably on the mutual understanding among the available heirs.
