• Distribution of property share among sister brother and mother as per Muslim rules

We are two brother and two sister and step mother in property so please inform us how we can distributes share among all of us. Property sold 3 carore and 32 lakhs and 50 thousand. Rs3,32,50,000/=
Hope to hear from soon.
Asked 12 months ago in Family Law
Religion: Muslim

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11 Answers

In terms of Indian Succession Act all are entitled to equal share. However, as per muslim, the quantum of share of female heir is half of that of the male heirs get

Siddharth Srivastava
Advocate, Delhi
1246 Answers

5.0 on 5.0

Already replied. She is mother and being legally weded wife she is entitled to half what male heir gets. I can advise only as per law and donot expect good from you only because answer does not suit you as per your expectations. 

Siddharth Srivastava
Advocate, Delhi
1246 Answers

5.0 on 5.0

I believe that the property has been inherited and is available in India. According to Muslim personal laws, the distribution of assets is generally being amongst the sharer and residuaries. Furthermore, there is no distinction between the male and female, but the quantum of the share of a female heir is half of that of the male heirs. Hence, the distribution would be- 

3,32,50,000/7= 47,50,000

Two brothers will get ₹ 95,00,000/- each

Two sisters will get ₹ 47,50,000/- each

Step mother will get ₹ 47,50,000/-

Rajinder Kumar
Advocate, New Delhi
98 Answers
6 Consultations

4.9 on 5.0

The distribution of share in property in intestate succession is that the widow is entitled to 1/4th share if she is issueless, but the widow having children is entitled to 1/8th share of the property.

A son takes double the share of daughter.

Now you can calculate your share accordingly.

T Kalaiselvan
Advocate, Vellore
84948 Answers
2198 Consultations

5.0 on 5.0

  1. Your stepmother is the widow of your father, hence she will be entitled to 1/8th share 

T Kalaiselvan
Advocate, Vellore
84948 Answers
2198 Consultations

5.0 on 5.0

Step mother will also have share 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

allah (thus) directs you as regards your children’s inheritance): to the male, a portion equal to that of two females, if only daughters, two or more, their share is two-thirds of the inheritance; If only one, her share is a half. For parents, a sixth share of the inheritance to each, if the deceased left children;

 


Each sister gets one part each 

 

each brother gets 2 parts each 

 

mother gets one Sixth   share in property 

Ajay Sethi
Advocate, Mumbai
94749 Answers
7540 Consultations

5.0 on 5.0

In Muslim Law, sisters get half the share than a brother.

 

mother gets one sixth share in property 

Ajay Sethi
Advocate, Mumbai
94749 Answers
7540 Consultations

5.0 on 5.0

- 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 said property. 

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

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

 

Mohammed Shahzad
Advocate, Delhi
13246 Answers
198 Consultations

5.0 on 5.0

If step mother has no child than she will get 1/4th share and brother will get double of sisters share.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22643 Answers
31 Consultations

4.4 on 5.0

Dear client,  

inheritance laws can vary depending on the specific interpretation and application of Islamic law in different jurisdictions. It is important to consult with a qualified lawyer who specializes in Islamic inheritance law to get accurate advice tailored to your specific situation.

In Islamic law, the distribution of property among heirs is governed by the rules of inheritance outlined in the Quran. The shares of the heirs are determined based on specific rules and principles. Generally, the distribution of shares in the case of a deceased person leaving behind children and a spouse (including a stepmother) would be as follows:

The surviving spouse is entitled to a share of the deceased's estate. The specific share depends on various factors, such as whether the deceased has children or parents. In some cases, the spouse may be entitled to 1/8th or 1/4th of the estate, but this can vary.

The children, including both sons and daughters, are entitled to a share of the remaining estate. The shares of the children can vary depending on factors such as the presence of other heirs. In some cases, sons may receive double the share of daughters, but again, this can vary depending on the specific circumstances.

It's important to note that the specific shares and distribution can be influenced by various factors, including the presence of other heirs, debts, and the specific laws of the jurisdiction you are in. Additionally, it's common for families to agree on alternative distribution arrangements through wills or mutual agreements.

To ensure a fair and proper distribution of the estate among all the heirs, it is advisable to consult with a lawyer who specializes in Islamic inheritance law. They will be able to assess your specific situation, take into account the relevant laws and principles, and guide you through the process of distributing the property among all the heirs according to Islamic law and the laws of your jurisdiction.

Anik Miu
Advocate, Bangalore
8901 Answers
110 Consultations

4.7 on 5.0

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