property


one muslim guy is married and having children.
he performed second marriage and does not have any children from second marriage.
later he adopted second wife's brothers son.
recently both i. e., husband and second wife died due to COVID-19🦠😷 living behind lot of property in the name of second wife.
who will inherit the property and how.
what is legal position.
 
Reply   
 
Advocate

Muslim law not permit adoption ,  so better to consult local lawyer with all relevant papers and details and act accordingly 

 
Reply   
 


Advocate

If all the properties are left with second wife who is alive, where is the question of inheritance?

Please inform whether any property is left behind by the deceased.

 
Reply   
 

sir i said husband and second wife both died due to covid
 
Reply   
 
Lawyer

I concur expert advise of Mr. Sankarnarayanan, adoption in Muslim law is illegal, hence such adoptive shall have no right or claim in the property of deceased.

The property left behind by the man shall devolve upon his widow and their children as per Muslim Succession laws.

What is your dispute / concern / locus standi ? 

 
Reply   
 
Advocate

Yes, I had misread the query.

All that could be suggested is that the step-children as well the "adopted" will not inherit the property. The property would be devolved upon eligible sharers, residuaries etc. depending upon the facts of the situation. 

 
Reply   
 
Advocate

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. 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  


 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Muslim Personal Law     |    x