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Jordan Rahim   18 May 2025

Property distribution %

My father, an Indian Muslim, passed away last year.

He had two wives:

First wife (my mother) passed away 25 years ago.

They had 3 children:

1 son (myself)

2 daughters (elder and younger)

Second wife has no children.

Legal Heirs:

1. Second Wife (no children)

2. Son (myself)

3. Elder Daughter

4. Younger Daughter

 

If one of us has to court go to for property distribution. How would they slipt what percentage. I'm from tamilnadu.



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     19 May 2025

Under Mulim personal law, inheritance is not a birthright. A person must be alive at the time of the deceased's death to inherit. 

Muslim inheritance law, known as Faraid, dictates how a deceased Muslim's property is distributed among their heirs. 

It's a system based on the Quran and Islamic jurisprudence, prioritizing close relatives and assigning specific shares based on their relationship to the deceased.

The law establishes a specific order of precedence for heirs. Close relatives (spouses, children, parents) take precedence over more distant relatives. 

  • Distribution of Shares:

    Specific shares are assigned to different heirs. For example: 
     
    Husband: If no children, he receives half the estate; with children, he gets one-fourth. 
     
    Wife: If no children, she receives one-fourth; with children, she gets one-eighth. 
     
    Children: Sons receive twice the share of daughters. Multiple daughters together get two-thirds of the estate if no sons are present; a single daughter gets one-half. 
     
    Parents: The mother receives one-sixth if there are children; otherwise, one-third. The father also receives one-sixth if there are children.
     
    Remaining Property:Any remaining property after fixed shares are distributed is typically given to the father. 

Dr. J C Vashista (Advocate )     19 May 2025

Very well analysed, explained and obliged by learned senior expert Mr. T Kalaiselvan, which I endorse and appreciate his acumen and specialization on the subject.


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