• Islamic inheritance - deceased childless divorcee

Hi, 

How is the property share divided of a Childless Deceased Female Divorcee. Surviving family member's are Father, Mother and two full Sister's. 

Divorced in 2007, property purchased in 2013, passed away in 2015. Right now the said property is registered in the name of Mother (Father has willfully given his share to Mother). Lady in question was a Muslim. Thanks in advance.
Asked 7 years ago in Property Law
Religion: Muslim

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7 Answers

Hello,

1) As per Islamic inheritance, the father will inherit 5/6 part and mother 1/6. The sisters won't inherit anything.

2) If the property has been registered on mother's name and the father had relinquished his rights in favour of the mother then the mother has become the absolute owner by inheritance and the lawful transfer.

S J Mathew
Advocate, Mumbai
3561 Answers
175 Consultations

5.0 on 5.0

On the death of the father all is properties would be equally divided among all the sisters.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1. Since the female died divorcee and issueless her share will be inherited by her father to the extent of 5/6th whereas her mother inherits 1/6th to the exclusion of her sisters.

2. If the property is registered in favour of mother then she has become the absolute owner of the property.

3. NOC is not required from the sisters.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The law of inheritance is called ‘Ilmil-farâyied, or Ilmil-mirâth’ –

The Holy Qur'an contains three verses which give specific details of inheritance

and shares, in addition to few verses dealing with testamentary power. It has also

been reported in Hadith that Holy Prophet (pbuh) allotted great importance to the

laws of inheritance and ordered his followers to learn and teach them.

The verses in the Holy Quran upon which the law of inheritance is founded begin

at the 11th verse of Chapter 4 of the Holy Quran. They are rendered as follows: -

“If a man or woman makes a distant relation their heir, and he or she has a brother or a sister each of these two shall have a sixth : but if there are more than this, then shall they be sharers in a third after payment of the bequests and debts.” “Without loss to anyone. This is the ordinance of God, and God is Knowing and Gracious.”

When a Muslim dies there are four duties which need to be performed. They are:

1. Pay funeral and burial expenses.

2. Paying debts of the deceased.

3. Determine the value / will of the deceased (which can only be a maximum of one third of the property).

4. Distribute the remainder of estate and property to the relatives of the deceased according to Shariah Law.

Therefore, it is necessary to determine the relatives of the deceased who are entitled to inherit, and their shares.

These laws take greater prominence in Islam because of the restriction placed on the testator (a person who makes a will). Islamic law places two restrictions on the testator:

1. To whom he or she can bequeath his or her wealth.

2. The amount that he or she can bequeath (which must not exceed one third of the overall wealth).

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

do we need to get NOC's or Release Deeds from the Full-Sister's for our own safety.

I have heard contrary opinions on the Sister's share part. Also is Islamic law very clear that Sister's dont get any share as long as Father is alive?

Whatever worth it is better get NOC or at least witness attestation in the deed that are likely to be prepared for transfer of such property.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

1) father and mother would be the legal heirs of deceased childless widow

2) 2 sisters would not have any share in property

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

deed of relinquishment is required if sisters have any share in property .

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

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