• Family property division

My grand father has a property, and he has 4sons and a daughter. Grand father is expired and we are planning to divide the property among ourselves according to Muslim law. The issue what we are facing is Elder son doesnt have any children and he is also expired last year. So now the share holder of Elder son is his wife. Now the question here is does she has equal right as an Elder son to our grandfather or she unlike the daughter has only 1/3 share on the property as she doesn't have any children's by birth or by any law. Would be grateful if received reply at the earliest. Thanks in advance.
Asked 7 years ago in Property Law
Religion: Muslim

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2 Answers

1) kindly clarify as to when did your grandfather die ?

2) when did Elder son die ?

3) did the elder son predecease grand father ?

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

On grandfather demise both sons and daughter inherit deceased father property

2) the share of sons is double that of daughter

3) since the elder son was alive at time of his father death in 2002 on his demise elder son would have equal share as that of his other brothers

4) on elder son demise his share would devolve on wife and siblings as per Muslim personal law

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

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