HUSSAIN 25 March 2016

Property case under mohammadan law

A MUSLIM PERSON DIES LEAVING BEHIND HIS WIDOW WIFE , TWO MALE CHILDREN AGED 10 AND 8 YEARS AND HIS MOTHER AS ONLY SURVIVING LEGAL HEIRS. THERE IS A PROPERTY OF THE DECEASED PERSON WHICH HAS TO BE SHARED AMONG THE LEGAL HEIRS, HOWEVER THE WIFE IS NOT WILLING TO GIVE THE SHARE OF 1/6TH TO THE MOTHER OF THE DECEASED. MOTHER HAS FILED A SUIT IN THE COURT OF LAW. NOW MY QUESTION IS WHETHER THE BROTHERS AND SISTERS OF THE DECEASED PERSON CAN CONTINUE THE CASE IF THE MOTHER IS NO MORE ALIVE UNDER MUHAMMADAN LAW. KINDLY RESPOND. THANKS, HUSSAIN

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B.T. RAVI (LEGAL MANAGER) 27 March 2016

A. In Muslim Law, when a person died without will then only legal right can be claimed subject to clearance of all funeral expenses, bebt and legacies. Therefore, unless died the person no right can claim before the Court. Thereafter, what are properties are availabe to inheritance that would be called as heritable property.

B. In your case, mother, children and brother,sister of the deceased persons are entitled to get property share over the heritable property. Each of his heirs will get separate share and holding it's as tenants in common.And all son are treated equally. However, if the deceased person's wife has no issue then she will acquire 1/4 share else will get equal share.

C. Moreover, in the absence of mother, the property would be distributed as menitoned manner which means her legal heirs will get the share in accordance witht the Muslim Law.