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Ashraful Idrisi   11 January 2022

equal rights on ancestral property.

how muslims daughter get equal share in ancestral property. because brother are not giving anything's,in which section and acts used for get equal rights on ancestral property please help to know more about my right.


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 3 Replies

Siddharth Srivastava (Advocate)     12 January 2022

as per muslim law daughter are entitled to 1/2 incomparison to the share what the son would get. If boy get 1 share then daughter would get only half percent. daughters are not entitled to equal rights. Merely because property belong to grandfather does not make the property ancestral.

Advocate Bhartesh goyal (advocate)     12 January 2022

As per Muslim Law daughters are not entitled to get equal share in ancestral or self acquired property of their deceased parents.
1 Like

Anaita Vas   12 January 2022

The Inheritance under Muslim law stipulates 12 shares 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.

The share taken by each sharer will vary in certain conditions. A sole daughter takes a half share. Where the deceased has left behind more than one daughter, all daughters jointly take two-thirds. If the deceased had left behind a 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. If there is no brother, she gets half a share. It is legally hers to manage, control, and to dispose of it as and when she wants. 

 

Regards,

Anaita Vas

 


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