• Muslim inheritance of father's brother's property/assets

Hello,

We are a Muslim family and hence the question is related to property inheritance with regards to Muslim Personal Law/inheritance.
My father has 6 brothers and 2 sisters. 
My father died in 2010. Other 4 brothers and one sister died before him. One sister died around 2015
The last brother (my chacha) died last year. He was unmarried and hence no wife/kids.
The question is with regards to our inheritance to his property.

I now have my sisters, my cousin brothers (my father’s brother’s sons) and my cousin sisters.
I am listing below the currently alive sons/cousins – 

Our family – 1 son, 2 daughters
Father’s first brother – 4 sons, 1 sister, 1 mother
Second brother – 2 sons
Third brother – Didn’t marry – no wife/sons
Fourth – Father’s sister – 2 Daughters
Fifth – Father’s sister – 2 Sons
Sixth brother -2 sons

Questions - 
1.	Can you advise us the correct Islamic basis/Shariah Law of property distribution for the above people – the correct percentage distribution.
2.	One of my father’s sister does not have any sons, then as per Islamic law – Do we have some right in her share of property?
3.	Do my sisters and cousin have any rights in the property of the Father’s unmarried brother?
Asked 7 years ago in Property Law
Religion: Muslim

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10 Answers

Under the Muslim law, distribution of property can be made in two ways, firstly per capita or per strip distribution. Per – Capita distribution method is majorly used in the Sunni law. According to this method, the estate left over by the ancestors gets equally distributed among the heirs. Therefore, the share of each person depends on the number of heirs. The heir does not represent the branch from which he inherits.

On the other hand, per strip distribution method is recognised in the Shia law. According to this method of property inheritance, the property gets distributed among the heirs according to the strip they belong to. Hence the quantum of their inheritance also depends upon the branch and the number of persons that belong to the branch. For example, if A has two sons i.e. B and C. B has two children i.e. D and E. C has three children F, G and H. Suppose on the death of A his property’s worth is estimated to be about 12000. B and C would be entitled to an equal share of 6000 each. . In case if B and C both die, then the extent of their children’s share shall be in following manner.  B’s children D and E can only inherit the property to the extent of B’s share. Their share shall be 3000 each. As far as the children of C are concerned the extent of property that they can inherit shall extend to 6000. Their respective shares shall be equal i.e. 2000 each. Hence, it can be said that the share of each person in this method of distribution varies.

It is noteworthy that the Shia law recognises the principle of representation for a limited purpose of calculating the extent of share of each person. Moreover, under the Shia law this rule is applicable for determining the quantum of share of the descendants of a pre-deceased daughter, pre-deceased brother, pre-deceased sister or that of a pre-deceased aunt.

Right of Females in inheritance of property

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.

Rights of inheritance of a child in womb

Under Muslim Law, a child in the womb shall only be entitled to the share in property if he or she is born alive. In case if he is born dead then the share vested in him shall cease to exist and it shall be presumed that it never existed.

Rights of a childless widow and widow

Under the Shia law, 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. However, a widow with children or childless widow is entitled to one – eighth of the deceased husband’s property. In cases where a Muslim man gets married during a period when he is suffering from some mental illness and dies without consummating the marriage, the widow shall not be entitled to any right over her dead husband’s property.

Rights of the step children

The rights of the step children do not extend to inherit the property of their step – parents. However, the step brother can inherit property from their step sister or brother.

Escheat

In cases where a person dies without any heir then, the property of such a person shall go to the government. The state is considered as the ultimate heir of every deceased.

 

 

 

 

 

 

 

 

 

 

 

 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Better take a Fatwa through Your jurisdiction mufti sahab regarding distribution of property as per Shariah law. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Daughters get half of brother share.

Wife gets 1/8th share and if no child than half. Sister who don`t have, half husband will get , rest her brothers family equally.

 Father’s unmarried brother share will distribute in his brother`s children. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Are you a Sunni or Shia Muslim?

 

the rules are different for both schools of Muslim Personal law


as the deceased's uncle's 5 brothers and one sister died before him, the only heir who would be entitled to his estate would be his surviving sister (who is a collateral)- she inherits both as a sharer as well as a residuary 

I assume your case pertains to Sunni law

thus your living aunt will take entire estate of your late uncle who died a bachelor 

i assume your grandparents (from father's side) also died prior to your youngest uncle 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

All the legal heirs men will get equal share and woman who are married will get half of what men will get.  It will be percapita distribution. Love

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Ok

I mistakenly took that one of your aunt is living

As per Sunni intestate law the legal heirs of a Muslim are divided into 3 classes known as

Sharers (there are 12 sharers) 

Residuaries

Distant kindred

Its a very complicated distribution as there are many rules to be considered 

I will reply tomorrow after checking the Sunni Inheritance law

Also in Muslim Sharia law the shares of the legal heirs are fixed and there is no equal division between the survivors. That is each legal heir is entitled to a fixed percentage in the estate. 

Its not a simple distribution between the siblings of the deceased uncle

You have informed about the collaterals ie brothers and sisters and their descendants, but you have not informed about the parents of your uncle, because if any of them is alive, then entire distribution changes 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Dear Sir,

The following information may kindly be read:

Muslim inheritance law and passing of deceased brother’s property to surviving brother

After death, all the expenses are deducted from the property of a Muslim and whatever is left passes for inheritance. There is no distinction for inheritance purposes between movable and immovable property.  Among Muslims, there is no difference between personal and inherited property.

Muslim inheritance law does not recognize the principle of representation. 

  • Suppose, A has two sons B, and C.
  • B has 2 sons while C has 4 sons.
  • B dies before A.
  • The property of A will only pass on to C and his 4 sons. This is applicable to both Shia and Sunni law.
  • In India, the rules that govern inheritance under the Muslim law In cases of nNon testamentary succession is the Muslim Personal Law (Shariat) Application Act, 1937, whereas, when one who has created his will before death, the inheritance is governed under the relevant Muslim Sharia Law as applicable to the Shias and the Sunnis.

Share of brother in deceased brother’s property

Under Quran and Sharia law, the following are the prescribed shares which pass after the death of a male. Father, mother, son, daughter and spouse get a confirmed share. Rest depends upon the residue of what amount of property is left and the relatives alive to inherit.

(Everything mentioned is from the perspective of deceased person)

Son’s share: Son is the next head after the deceased.

Wife’s share: in case wife is left with no children she gets ¼ and if with children ⅛. It is confirmed share.

Husband’s share: ½ in case when the wife dies with no child/children. ¼ when dies with children.

Daughter’s share: Only in the case when there is no son. Half in the case daughter is unmarried.

Father’s share: ⅙ share if children are alive. Father is very powerful. If after calculating, everything left can go to father. Father can block brother.

Mother’s share: ⅓, but if deceased have children it gets reduced.

Granddaughter’s share: Granddaughter is given a share only in the absence of son and daughters

Grandfather’s share: Only is father is not alive.  Not as powerful as father. ⅙ prescribed share.

Grandmother: Only in the absence of mother and father.  Both father’s and mother’s side. Prescribed share is ⅙

Sister’s share: If only one sister she gets ½ if multiple they share from the 2/3 on the condition that there should be no daughter or granddaughter and also the absence of brother is required. The absence of father and grandfather is also necessary.

After giving of the inheritance to all the ‘prescribed relatives’, fractions left out are given to these relatives depending upon priority first basis.

First priority is given to son and daughter, then Grandson and Granddaughter, then Father and then comes Brother and Sisters. Therefore, brother in nowhere given priority in the deceased property. Only in the residual property lies Brother’s share.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Sisters share will half of bother share in uncles`s portion.

And deceased uncle share will distribute in his children i.e. from one part.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1.  You have not mentioned whose property it is ? i.e., whether it was yor father's property or his father's property.

Details of inheritance in Islamic lawInheritance is considered as an integral part of Shariah LawMuslims inherit from one another as stated in the Qur'an. Hence, there is a legal share for relatives of the decedent in his estate and property.

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.

Heirs referred to as primary heirs are always entitled to a share of the inheritance, they are never totally excluded. These primary heirs consist of the spouse relic, both parents, the son and the daughter.

In general circumstances, though not all, Islam allots women half the share of inheritance available to men who have the same degree of relation to the decedent. For example, where the decedent has both male and female children, a son's share is double that of a daughter's.

2. If that aunt is living then she will be entitled to her legitimate share in the property.

3. No.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If the sisters are living then their children will not be entitled to any share.

It is similar in the case of the living brothers that their children will not be entitled to any share during the lifetime of their father.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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