husband (in the case of succession to the wife's estate) takes a half share in a case where the couple is without lineal descendants, and a one-fourth share otherwise. A sole daughter takes a half share. Where the deceased has left behind more than one daughter, all daughters jointly take two-thirds.

A sole daughter  takes a half share. Where the deceased has left behind more than one daughter,
all daughters jointly take two-thirds.

2) If both parents of the deceased are alive, they take 1/6th each and the
remainder goes to sons and daughters as stated above. If only one parent is
alive, she or he takes 1/6th and the remainder goes to them the same way. 

3) if brother has sold one property then daughters have to file suit to set aside sale 

 Under Muslim laws, non-testamentary succession is governed by the Muslim Personal Law (Shariat) Application Act, 1973,

Under Islamic laws, male and female heirs alike have the right to inherit property. Near female heirs or cognates are recognised in the class of heirs.  However, the females get only half of the quantum shares allotted to their male counterparts

The heirs of a deceased Muslim fall under the following classes – 

1. Sharers 
2. Residuaries 
3. Distant kindred relations

Class – I heirs 

The sharers fall under class I heirs, and there are 12 relatives of the deceased on the  list of sharers. 

1.  Wife (Widow) – takes 1/8 (one-eighth) part of share if she has children and ¼ in case of her being childless. She can never be excluded.
2. Husband (widower) – gets 1/8 (one-eighth) shares, but in case he is childless, the share portion increases to 1/2 (one-half). He can never be excluded.
3. Daughter –  a single daughter gets 1/2 (one-half) shares. If there are two or more then they take 2/3 (two-thirds) of shares together. In the presence of a son, she becomes a residuary. She can never be excluded.
4. Son’s daughter – gets 1/2 (one-half) shares and if two are more then, 2/3 (two-thirds) shares. Share is reduced to 1/4 (one-fourth) when there is only one daughter and to 1/8 (one-eight) in presence of one higher son’s daughter. In the equal presence of a son’s son, she becomes a residuary. Can be excluded under certain conditions.
5. Full sister – a full sister gets 1/2 (one-half) shares and in case there are two or more in number they together take 2/3 (two-thirds) shares. In the presence of a full brother, she becomes a residuary. Can be excluded under certain conditions.
6. Consanguine sister – gets 1/2 (one-half) shares and 2/3 (two-thirds) together if there are two or more. In presence of a full brother, share gets reduced to 1/6 (one-sixth) and in presence of a consanguine brother, she becomes a residuary. Can be excluded under certain conditions.
7. Uterine sister – gets 1/6 (one-sixth) shares if single and 1/3 (one-third) together if two are more in number. Can be excluded under certain conditions.
8. Uterine brother – gets 1/6 (one-sixth) shares if single and 1/3 (one-third) together if two are more in number. Can be excluded under certain conditions.
9. Mother – gets 1/6 (one-sixth) shares and never excluded. Share increases to 1/3 (one-third)  if there is no child or no son’s child or if she has a sibling. If the husband or wife of the deceased exists, then she gets 1/3 (one-third) of shares after deducting the shares of the husband or wife.
10.  Father – gets 1/6 (one-sixth) shares and is never excluded. When there is no child or son’s child then he becomes a residuary. 

But there is a certain exception to the rights of husband and wife – the estate of the deceased devolves to the blood relations equally, and the females are allowed only half of the share of the males in each class. Therefore, there is no hierarchy with respect to who inherits the estate first between the descendants, ascendents, and collaterals, as they all inherit side by side. 

1. The law of succession applies hence her sons are also entitled to a share as per law.

2. The daughters can claim their share in the property as a right and can file a suit for partition

1. The law of succession applies hence her sons are also entitled to a share as per law.

2. The daughters can claim their share in the property as a right and can file a suit for partition

Dear Client,

In Islamic law, inheritance distribution is governed by the rules outlined in the Quran and Hadith. Here's how it typically works in the scenarios you've described:

Inheritance Distribution of a Woman who has passed away intestate:

If a woman dies intestate (without leaving a will), her estate will be distributed according to the rules of Sharia. In the absence of a husband, sons, or father, her daughters are entitled to a share of her estate. The daughters collectively inherit a fixed portion, usually two-thirds of the deceased woman's estate if she has children. However, this share may vary depending on specific circumstances and local interpretations of Islamic law. As for the brother, he is entitled to a share of the estate if there are no other male heirs (sons, father, husband). The brother's share would generally be half of what each daughter inherits. However, if there are other male heirs, such as sons, the brother's share may be reduced or eliminated entirely.

Effect of Brother's Execution of Sale on Inheritance:

If the brother has already executed the sale of a property with the entire share going to the daughters, it establishes a precedent for his acknowledgment and relinquishment of his right to inherit from that specific property. However, this action does not necessarily extend to other properties owned by the deceased woman. The brother may still have a claim to inheritance from other properties unless he explicitly waives his right or there are other legal considerations that prevent him from claiming a share.

Regarding inheritance in the case of a divorced woman, the general principles of inheritance apply similarly. However, the specifics may vary depending on whether the woman has children, parents, siblings, or other relatives who are eligible heirs according to Islamic law. Inheritance laws can be complex and may vary based on cultural, regional, and legal interpretations.