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
Married Muslim women right in father & grand father property asper new ruling of supreme court
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
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.
New ruling of supreme Court is for hindu undivided family and not Muslims. Muslims already have their personal law which is operative
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.
Married Muslim women are not considered and covered in recent ruling of Supreme Court.
Hence the order is not applicable to Muslim Married woman.
- 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.
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.
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.
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.