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Isha Mahmood (Proprietor)     27 May 2011

Sunni Muslim law of Inheritance

I would like to know - A flat is jointly owned by the Husband and Wife.They have one son and one daughter.The son has no children ,only one wife. The daughter has one husband and one son. If the Husband has deceased without leaving a will ,then what will be share of his son in the flat? Also what will be the share of the daughter? Can the children claim the share while the Wife is still living,who is now the sole owner of the flat i? How does the partition take place after the Mother has deceased? Also can the Wife make a will? When does the law of inheritance apply?

Please help with your answers.

Thanks.



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 5 Replies

tearer99@gmail.com (tearer99@gmail.com)     27 May 2011

According to Muslim Law of inheritance, the wife of the deceased recieves 1/8th of the property owned by he deceased if they have issue (which they have in this case). The remaining parts will be retained by the children wherein the son shall get the double of what the daughter will get. The concern of the daughter's husband or the son's child is unncessasary in this case. Is there any other relative of the deaceased alive out of the following :-  the deceased's father or his mother or his grandfather or his grandmother?

tearer99@gmail.com (tearer99@gmail.com)     27 May 2011

Anyone can make a will of their own property. In Muslim law, only 1/3rd is to be distributed from the contents of the will and the rest is distributed according to the inheritance law although the concerned person can gift, rename all of his property in the name of anyone he pleases to.

Isha Mahmood (Proprietor)     29 May 2011

Thanks for all the replies. Also would like to know that will the society transer the shares owned by the Husband after his  demise  to the wife, son and daughter as per the Sunni Muslim Law of inheritance ? or Can the Father's share after his demise be transferred to the son? Can the son become a joint holder with his mother  who is already  the joint owner of the flat.

Isha Mahmood (Proprietor)     29 May 2011

Thanks for all the replies. Also would like to know that will the society transfer the shares owned by the Husband after his  demise  to the wife, son and daughter as per the Sunni Muslim Law of inheritance ? or Can the Father's share after his demise be transferred to the son? Can the son become a joint holder with his mother  who is already  the joint owner of the flat.

Isha Mahmood (Proprietor)     29 November 2011

Can a  Muslim widow have the right to make a will? Can she give her daughter equal share in the property after her death although as per  the Muslim Law the son gets double of the daughter and only 1/3rd of the property can be divided even if a will is made.


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