• Distribution of property under Muslim Law

My grand father and grand mother have passed away long back. They have 3 daughters and a son younger to them. 2 out of 3 daughters are married and live separately. 01 daughter is a widow and stays in the parental house. The younger son has recently passed away in feb leaving behind his wife who has no children. She now has laid ownership to the whole property available, saying it all belongs to her. Now I want to know how will the following property be distrubuted as per muslim law for sunnis:

A house in the name of my grand mother.
A house in the name of their son.
Asked 6 years ago in Property Law
Religion: Muslim

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6 Answers

on demise of grand mother property would devolve on 3 daughters and son

2) son has twice share of daughter

3) widow cannot claim ownership of full house on her husband demise

2) son has d

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1)the estate is to be shared out among the heirs who are alive at the time of their benefactor’s death.

2)house in name of son

3) on husband demise his wife has one eight share in deceased husband property if they have children

4) In case there are no children borne out of marriage, she is entitled to 1/4th of the property

5) brothers an sisters would have balance three fourth share

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

The property lying in the name of the grandfather, who is reported to have died intestate, shall devolve on all his legal heirs which may include legal heirs of the deceased legal heirs too.

Therefore the properties still lying in the name of grandfather shall be divided into four equal parts and each legal heir/legal heirs of deceased legal heirs shall be entitled one such equal share.

The properties lying in the name of deceased son shall devolve on his wife who is the lone surviving class I legal heir.

No other person can claim any share in it legally as a right.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

The answer is not complete. As I have mentioned, the son has recently passed away. Now only leftover with his childless wife and three elder sisters out of which 2 sisters are married and one is a widow staying in the house of my grandmother.

So, who will get what share of the property without any sons now. There are two houses. So please reply in details. Thank you

You are asking the same question in a different manner. However the answer is the same which has been posted in the previous post.

This is a question of intestate succession.

Both the properties are to be succeeded as per the law of intestate succession accordingly which has already been explained properly.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Client,

The estate left over by the ancestors gets equally distributed among the heirs But son takes double the share of a daughter, on the other hand, the daughter is the absolute owner of whatever property she inherits, so three daughter will get, 20% share each and son will get 40%.

His widow who does not have any children shall be entitled to inherit one – fourth share in 40% share belonging to her deceased husband, rest 3/4th will distribute in other heirs of brother.

Mother/Father alive ?

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Muslim does not create any distinction between the rights of men and women. On the death of their ancestor, nothing can prevent both girl and boy child to become the legal heirs of inheritable property. Preferential rights do not exist. However, it is generally found that the quantum of share of female heir is half of that of the male heirs. The justification available to this distinction under Muslim law is that the female shall upon marriage receive mehr and maintenance from her husband whereas males will have only the property of the ancestors for inheritance. Also, males have the duty of maintaining their wife and children.

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

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