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Sayed Maqsood Ahmed   25 November 2023

division of property as per Muslim personal law

mybfather has died , my mother is alive and we are 2 brothers, and 1 sister and I am the eldest. My father has not left a will. We are muslims.My question is 1) how will be the property distributed among my mother , 2 brothers and 1 sister. 2)we have a shop and it is on my fathers name Can my mother sideline me and my sister as I am the eldest and transfer the property to my younger brother. 3)as my younger brother who runs the shop has not paid the shop rent for some years can the landlord evict him and take the ship. Thank you


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 7 Replies

Sanskriti Tiwari   25 November 2023

In Islamic law, in the absence of a will, the distribution of the deceased father's estate follows a predefined system called Shariah. Here's a general understanding of how the estate might be distributed:

1. **Distribution of Property**: 
   - Your mother is entitled to a share of one-eighth (1/8) of the deceased husband's estate.
   - Sons generally receive double the share of daughters. Therefore, both brothers together would inherit twice the share of the sister. This means each brother gets a share double that of the sister's share.
   - So, if we consider the total estate as divided into 8 equal parts:
     - Mother: 1/8
     - Each brother: 2/8 (or 1/4) each
     - Sister: 1/8

2. **Regarding the Shop and Property Transfer**:
   - Legally, if the shop is in your father's name and he hasn't left a will, the shop ownership would be part of the estate to be distributed among heirs as per Islamic law.
   - Your mother, without the consent of all legal heirs, cannot transfer the property solely to your younger brother. The property rights must be distributed according to Islamic inheritance laws among all the heirs.

3. **Rent Non-payment and Eviction**:
   - If your younger brother, who runs the shop, has not paid rent for several years, the landlord might have legal grounds to evict him based on the terms of the lease agreement and relevant landlord-tenant laws. The eviction would typically follow legal procedures set by the applicable laws in your region.

It's important to consult with a knowledgeable Islamic scholar or a legal expert well-versed in Shariah law to ensure accurate and proper distribution of your father's estate among the heirs. Legal procedures and local laws also play a role, so seeking legal advice specific to your region's laws is advisable to understand your rights and obligations as heirs in this situation.

Sayed Maqsood Ahmed   25 November 2023

Many thanks sir for your valuable legal advice 

Best regards 

T. Kalaiselvan, Advocate (Advocate)     25 November 2023

When a Muslim dies, it is considered important that these following four duties are performed in the given order:

 

(i) Paying funeral and burial expenses;

(ii) Paying debts of the deceased;

(iii) Determine the value/will of the deceased;

(iv) Distributing the remaining property and estate to the relatives of the deceased according to Sharia Law.

Under Muslim law, no widow is excluded from the succession.

The widow who has children or grandchildren is entitled to one-eighth of the deceased husband's property

If the deceased had left behind son(s) and daughter(s), then, the daughters cease to be sharers and become residuary instead, with the residue being so distributed as to ensure that each son gets double of what each daughter gets.

The business also gets divided in the above said manner. 

Sayed Maqsood Ahmed   25 November 2023

Many many thanks learned advocate for your valuable legal view point 

Best regards 

Dr. J C Vashista (Advocate and Legal Consultant)     26 November 2023

Very well analysed, opined and advised by experts, I agree.

Muslim does not create any distinction between the rights of men and women. On the death of their ancestor, nothing can prevent both girl and boy child to become the legal heirs of inheritable property.

However, it is generally found that the quantum of the share of a female heir is half of that of the male heirs. The reason behind this is that under the Muslim law a female shall upon marriage receive mehr and maintenance from her husband whereas males will have only the property of the ancestors for inheritance. Also, males have the duty of maintaining their wife and children.

 

Shashi Dhara   26 November 2023

As the shop is rental and the father is dead you have to see the rental deed and you have to proceed because after your fathers death who has to be continued or it ceases, the owner may evict your brother  for arrears of rent a fresh deed is necessary.

P. Venu (Advocate)     30 November 2023

Yes, the rented shop is an estate left behind by the late father. If landlord succeeds in getting decree for eviction for non-payment of rent, nothing remains of the said estated to be inherited.


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