• Property distribution

We are 3 brothers and 1 sister. father and mother have expired. how the property willbe distributed under the mahomedan law of inheritance
Asked 2 years ago in Property Law
Religion: Muslim

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10 Answers

the quantum of the share of a female heir is half of that of the male heirs.

 

The reason  behind this is that under the Muslim law a female shall upon marriage receive
mehr and maintenance from her husband whereas males will have only the
property of the ancestors for inheritance

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

in inheritance daughter share is equal to one half of the son share 

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

Muslim law recognizes two types of heirs, Sharers and Residuaries.

Sharers are the ones who are entitled to a certain share in the deceased’s property and Residuaries would take up the share in the property that is left over after the sharers have taken their part.

If the deceased had left behind son(s) and daughter(s), then, the daughters cease to be sharers and become residuaries instead, with the residue being so distributed as to ensure that each son gets double of what each daughter gets.

Thus your sister shall be eligible for half share of the share that you would be eligible to inherit.

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

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.

However, it is generally found that the quantum of the share of a female heir is half of that of the male heirs.

The reason behind this is that under the Muslim law a 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. 

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

Yes as per mohamedan law it will be distributed among yourself unless a will id there for such properties 

Prashant Nayak
Advocate, Mumbai
34587 Answers
249 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 said property. 

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

Mohammed Shahzad
Advocate, Delhi
15830 Answers
242 Consultations

In Mohammeden Law, son gets double the share as that of sister.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

If the deceased had left behind son(s) and daughter(s), then, the daughters cease to be sharers and become residuaries instead, with the residue being so distributed as to ensure that each son gets double of what each daughter gets.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

The property will have to be divided into 7 parts 

1/7th part will go to the sister and 2/7th part will go to each brother 

1/7+ 2/7 + 2/7 + 2/7 = 7/7 = 1 

Or 

14.28% to sister 

28.56 % to brother 1

28.56% to brother 2

28.56% to brother 3

Total 100% 

Yusuf Rampurawala
Advocate, Mumbai
7904 Answers
79 Consultations

Dear Client,

In accordance with Muslim law, the allocation of inheritance shares follows a principle where the portion granted to a female heir is half that of her male counterparts. This practice stems from the consideration that upon marriage, a woman receives mehr (dowry) and ongoing support from her husband, while males solely inherit ancestral property. As part of this inheritance system, a daughter's share equates to fifty percent of a son's share.

Anik Miu
Advocate, Bangalore
11023 Answers
125 Consultations

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