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Muslim succession

A man married a women( govt employee) and she acquired a land.

She later died and written the land on her husband name..she has 2 sons and a daughter

Now the father want to write the land to his 2 sons and not to his daughter

so in this issue can a girl child claim any part of the property???

does the girl child have a right on the land??

what does the law say??

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4 Replies

Anish Thakur 7018812737 (advocate) 11 July 2012

dear aijaz, first of all i want to know wheather they are shia oer sunni muslims

if they are4 sunni then they are governed by hanafi school of law and hanafi law says no share to daughters from inherited property if there is son alive and if their is no son then daughter can get the share .

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 11 July 2012

Dear Aijaz,

I differ with the opinion of my learned friend above, In muslim law any gift over and above 1/3rd of one's property cannot take effect unless all the legal heirs (which includes sons as well as daughters) consent to it. If they don't then it takes effect only uptil 1/3rd. Rest comes to heirs by inheritance. I assume the will to father by mother being correct and consented to. Now again the same bar would apply on father he cannot will away more than 1/3rd - unless all consent. In case the daughter has the option not to consent, and can claim her share. Her share needless to state as per Islamic law is half of what each son gets, i.e in other words - a son gets double the share of each daughter.

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