• Married Muslim women right in father & grand father property

Married Muslim women right in father & grand father property asper new ruling of supreme court
Asked 5 years ago in Property Law
Religion: Muslim

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15 Answers

There is no concept of ancestral property among Muslims 

 

2) married Muslim women would have share in her father property on his demise as per Muslim personal law 

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

Dear Sir/Madam,

The new ruling is applicable to Hindus and hence no muslim married women has right in father and grand father's property. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

New ruling of supreme Court is for hindu undivided family and not Muslims. Muslims already have their personal law which is operative

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Girls have equal right in property 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

A married Muslim woman is entitled to 1/2 a share as that of her brother in her father's and grandfather's property.

New ruling of the Hon'ble Supreme Court was in respect of Hindu Women, who are covered under Hindu Succession Act.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

No it applies to hindus only.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Married Muslim women are not considered and covered in recent ruling of Supreme Court. 

Hence the order is not applicable to Muslim Married woman. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

No, the new rule is applicable to Hindu or the Indian succession Act

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

- As per Muslim Law, the right of inheritance of property comes only after the death of a person.

- Further, any child born into a Muslim family does not get his right to property on his birth. 

- Further, distribution of property can be made in two ways, firstly per capita or per strip distribution.

- Per – Capita distribution method is used in the Sunni law, and 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. 

- Per strip distribution method is used in the Shia law, and according to this method, the property gets distributed among the heirs according to the strip they belong to, and hence the quantum of their inheritance also depends upon the branch and the number of persons that belong to the branch. 

- Further, there is no distinction between the right of men and women; each has right over the property,weather ancestral or self acquired. 

- However, a female will get half of the male share. 

- Further, out of 100% share, share of mother will be 12.5%. and the remaining 87.5% will be distributed between sons and daughters. .

- Hence, after your demise , 12.5 % of the property will be distributed between the two wife ,and the remaining 87.5% will be share equally between the children. 

- The latest Supreme Court ruling will apply in the Hindu Succession Act only. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. Married Muslim Daughter right is intact in paternal family property, PROVIDED there is no WILL executed by parents.  ELSE property would devolve as per available will.

2. Recent SC judgment is under provision of Hindu Succession Act and does not benefit Muslim legal heirs.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Present judgement is concern with the coparcenery right of Hindu women on ancestral property. There is no concept of ancestral property in Muslims.

Grand father property inherits in his children and wife and no right of grand children. After father demise, son takes double the share of a daughter, If there is no brother, she gets half a share.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

The new ruling of the supreme court is an amended provision for Hindu succession act and not for Muslim personal law.

The latest amendment has nothing to do with the Muslim personal law.

The inheritance laws of Muslim women as per Shariat laws remains same without any change.

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

Muslim law is different from Hindu law. In Muslim law shares are fixed as per the shariah.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

as per Shariah Muslims personal law, a daughter will receive half of the share of a son. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Muslim women can claim share in property which will be 1/3 of property as per muslim succession act.

Latest supreme court judgement is related to distribution of properties of Hindu family.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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