Mohamed Ali (employee) 01 December 2011

Mohameddan law

Sir, a mohameddan, family of 5 sons and 3 daughters has to share their dead fathers property, out of 5 sons, one of the son has died leaving behind Widow only,

i.e, property has to be divided among 4 sons, a widow and 3 daughters,

Since widow is entitle for only 1/4 th share, if no children,

how her remaining 3/4th share is divided among other people.

What will be the quantum of each share of each Son and daughter as per Mohameddan law ?

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3 Replies

Farhat jahan (legal assistant) 01 December 2011

Died son's part will be divided as his widow gets 1/4 part, his brothers get 1/3 part and his sisters get half of brother's part and then Doctrin of increase will apply for dividation.

Mohamed Ali (employee) 02 December 2011

Dear All,

Since there are 4 sons, 1 widow and 3 daughters are surviving now,

Total Shares 4*2 + 1*3 =11 shares + 1 widows 1/4 shares and remaining 3/4 shares is left, how

Since one of the son has died leaving behind widow with no childrens, his 3/4 residue share has to be added to rest of the family, then what will be the mathematical value of share of each daughter and son.

Farhat jahan (legal assistant) 02 December 2011

Do it simple according to list of sharers if there are two or more than two sons and daughters than their part will be-
Sons part-2/3 (every one gets 2/15)
daughters part-1/3(every one gets 1/9)
Now died person part is 2/15, will be divided in his widow,brothers and sisters according to list of sharers
Part of widow, Brothers, and sisters according to list of sharers are-
Widow-1/4 or 3/12
Brothers-2/3 or 8/12
Sisters-1/2 0f 2/3 or 2/6 or 4/12
3/12 + 8/12 + 4/12 = 15/12 total
Now we decrese their part According to doctrin of increase as following-
Widow- 3/15
Brothers-8/15
Sisters-4/15
Now deceased 2/15 will be divided into them according to their part
So we can say a sons will get their 2/3 + 8/15 of 2/15
and daughters will get their 1/3 + 4/15 of 2/15