Wife 1/8th, daughter half share rest in his brother an sister.
Brother1 has expired leaving wife and adopted daughter. Brother1 has siblings brother2 and sister1 (both married). (All mentiond are Muslims) Brother1 didn't leave any will behind. Brother1 properties include a house, bank account and agricultural land. (Location Uttar Pradesh) Questions 1. Does adopted daughter have share in the property of brother1 and how much ? 2. Does brother2 have share in the property of brother1 and how much? 3. Does sister 1 have share in the property of brother1 and how much will be the share? 4. Who all can have shares in agricultural land property of brother1 and how will it be divided? 5. Is Muslim personal law applicable to agricultural land inheritance ?
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The Muslim personal law is applicable to all the movable and immovable property.
Adoption is not recognised in Muslim law.
Shia rules of inheritance are different from Sunni rules of inheritance. Kindly tell whether you are a shia or a Sunni.
Regards
Inheritance is considered as an integral part of Shariah Law. Muslims 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. The major rules of inheritance are detailed in Qur'an, Hadith and Fiqh.
When a Muslim dies there are four duties which need to be performed. They are:
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:
In Islam, women are entitled the right of inheritance. 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. Additionally, the sister of a childless man inherits half of his property upon his death, while a brother of a childless woman inherits all of her property. However, this principle is not universally applicable, and there are other circumstances where women might receive equal shares to men. For example, the share of the mother and father of a decedent who leaves children behind. Also the share of a brother who shares the same mother is equal to the share of a sister who shares the same mother, as do the shares of their descendants.
There are some who say women are entitled to equal inheritance in Islam.
Sometimes, women get double the share as that of men; for example, if there are only parents and husband, husband will receive half, father gets 1/6 and mother gets 2/6. This is according to Ibne Abbas's interpretation of verses 11, 12 of Surah An-Nisa. Also the Qur'an does not discriminate between men and women in cases of kalalahrelation. Kalalah describes a person who leaves behind neither parents nor children; it also means all the relatives of a deceased except his parents and children, and it also denotes the relationships which are not through [the deceased's] parents or children. Islamic scholars hold that the original reasons for these differences are the responsibilities that are allotted to spouses. A husband in Islam must use his inheritance to support his family while a wife has no support obligations. Additionally, Arab society traditionally practiced the custom of bride price or dower rather than dowry; i.e., the man paid a gift to his wife or her family upon marriage, rather than the opposite, placing a financial burden on men where none existed on women. This custom was continued but changed materially by Islam. The divine injunction stipulated that the dowry (mahr) is due to the wife only not her family. It can also be deferred thereby reducing the burden if the husband is unable to afford the requested dowry at the time of the marriage. The wife can defer it till a stipulated date or it can become a debt on the estate when the husband dies.[4] And give their dowries willingly to women (as an obligation), but if they, of their own accord, remit a portion of the dowry, you may enjoy it with pleasure.
Islam does not recognize adoption. There is nothing in the Mohammedan Law. Adopted son/daughter dont have any share.
a widow gets the one-eighth share (in case there are children) but will get one-fourth share (if there are no children) . If there is more than one wife, the share may come down to one-sixteenth.
The adopted child will not inherit from the adoptive parents. The adoptive parents are allowed to bequeath one-third of their wealth to the adopted child in their will if they wish to do so.
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.
1. There is no legal adoption in Muslim law, hence the adopted daughter daughter may not have any rights in the properties that belonged to her adoptive father.
2. While there are his own legal heirs of the deceased brother, his siblings may not have any rights in the properties Left behind by him.
3. Same as above.
4. As far as the state UP is concerned the distribution of agricultural land of the deceased dying intestate may be based on the UPZLA act, you may clarify this from local experienced lawyer.