• Legal heir of deceased son

How is the property of muslim male is shared among widow with no child father mother handicapped brother and unmarried sister.
Asked 4 years ago in Family Law
Religion: Muslim

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15 Answers

Hello,

THE MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937 deals with matters of intestate succession.

The wife is allowed to inherit a fixed share from the property of the husband which is 1/6th of the total share. Detailed division can not be told from the relations as described by you in the question.

You may refer to the following link and apply the respective condition as applicable in your case:

http://ipcblogger.net/tahera/648/

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

For example, if a man dies childless and his property at the time of his death after the payment of debts and will (if any) is $10,000.00 , and his mother, father, one wife, one brother and one sister are alive; the distribution according to Shariah would be as follows:

The wife of the deceased will receive 1/4th or $2,500.00.

The mother f the deceased will receive 1/6th or $1,666.66

And the balance $5,833.34 will all go to the father of the deceased

But in the case a man dies childless and his property at the time of his death after the payment of debts and will (if any) is $10,000.00; and his surviving relatives are his mother, his wife, one brother and one sister, the distribution according to Shariah will be as follows:

The wife of the deceased will receive 1/4th or $2,500.00

The mother of the deceased will receive 1/3rd or $3333.33

The balance $4,166.67 will be divided into three parts, and the brother of the deceased will receive twice the share of the sister. Thus the sister of the deceased will receive $1,388.89 and the brother $2,777.78.

The distribution and ratio of inheritance in Islam will vary according to who exactly amongst the legal heirs survive the deceased. Thus if you could clarify who are the exact survivors of the deceased, we could give you the ratios of each as prescribed by Shariah, Insha Allah.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

All of them are legal heirs in Muslim inheritance law. Widow will receive 1/4 share. Brother will have double share then sister being man. Father will have share 1/2 and one sixth with unmarried daughter.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

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

2)mother is eligible to inherit one-sixth of her dead son property if her son is a father as well. In the absence of grandchildren, she would get the one-third share.

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

Will be equally decided among wife and parents only . The sister and brother will have no share now.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

a Muslim widow who does not have any children shall be entitled to inherit one – fourth share of the movable property belonging to her deceased husband. Further the rest of property shall be with mother and father brother sister shall have no right over it.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Widow will inherit 1/4th share in the property, rest will devolve in parents and sibling equally.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Assuming the deceased is a Sunni Muslim:

widow (in absence of child) - 1/4th (she takes as a sharer)

mother - 1/6th as a sharer

brother - he is excluded as father is living

father - takes as a residuary

sister - excluded as father is living

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

The intestate inheritance of Muslim males will be governed under Shariat law or Muslim personal law.

Accordingly the widow, children and father and mother shall be entitled to their share proportionately.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Widow is not the only legal heir of deceased

2) parents should apply for and obtain letters of administration as son died intestate

3) issue legal notice to bank not to make payment to widow as they are also legal heirs to the assets of deceased

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

issue legal notice to bank warning not to release the full money to the widow

she is entitled only to 1/4th share in the money as per Sharia law

mother will have 1/6th share and balance will be taken by father

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Under Muslim law, no widow is excluded from succession. A childless Muslim widow is entitled to one-fourth of the property of the deceased husband, after meeting his funeral and legal expenses and debts..

Death-cum-Retirement Gratuity (DCRG) is a lump sum payment made based on the total service of an employee either on retirement or death.

It is calculated as so many months pay with reference to the employee's service. The amount of gratuity will be one fourth of the monthly emoluments of an officer for each completed six-monthly period of qualifying service subject to a maximum of 16 ½ times of the monthly emoluments. The existing maximum of Death Cum Retirement Gratuity has been enhanced from Rs.3.50 lakh to 7.00 lakh. The enhanced limit of D.C.R.G. shall be effective from  01/04/2009.

Service Gratuity to person retiring with less than 10 years of service will continue to be admissible as per existing provisions. An employee should have minimum service of 5 years to earn gratuity while for pension he has to put in a minimum service of 10 years. If he resigns for reasons other than to take up another employment in Government, he forfeits his right for gratuity.

If a Government employee dies within 5 years from the date of retirement from service and become eligible for service gratuity or pension and received gratuity, or pension or commuted pension and such amount received is less than the amount equal to 12 times of his emoluments, his family shall be eligible for a residuary gratuity equal to the deficiency.

Nomination:

The Government employee has to make a nomination conferring on one or more persons the right to receive the gratuity in accordance with the order of  priority on the members of family. The family for purpose of gratuity will be in the order of:

Wife, Daughters,son.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Father will inherit 1/6th, mother will inherit 1/6th and wife 1/2 in absence of children. File Succession suit in District court.

https://www.slideshare.net/DrShahbazCheema/sunni-law-of-inheritance

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Sir file a suit in the civil court for the share in the amount that is bank balance and settlement money in accordance to the muslim law, also pray for interim injunction so that the money cannot be taken from bank account and disposed, The wife is just the nominee and she holds the amount on behalf of all the legal heirs. Therefore the parents have rightful share and can approach the civil court for relief and share,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The money in the name of deceased available in the bank shall devolve on all legal heirs.

So let the parents of the deceased file an injunction petition restraining the bank to not to disburse the monies till the petition for succession is decided as ad an interim relief.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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