• Property Share as per Islamic Shariah

How to split the property share between the family members (Father, Mother, Daughter, Son 1, Son 2) as per Islamic Shariah in India ? Also throw light whether Mother's ancestral property and jewels can be included in the share or not ? Please Advise and Thanks in Advance.
Asked 5 months ago in Property Law from Chennai, Tamil Nadu
Religion: Muslim
The share taken by each sharer will fluctuate in certain circumstances. A wife takes a one-fourth share in a case where the couple are without lineal descendants, and a one-eighth 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. However, these two rules apply only in cases where the deceased has left behind no sons. 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. Lineal descendants (such as sons) exclude brothers and sisters, and therefore, the share of brothers and sisters (whether full, consanguine or uterine) will become nil in the presence of such descendants.

 
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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as a general rule, in most cases, the female inherits a share that is half that of the male.

 Daughter inherits half of what the son inherits,

2)If the deceased has left children, both the parents that is mother and father get an equal share and inherit one sixth each.
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
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There is no question of ancestral property in Shariah law. 
Properties of male or female dying intestate shall be distributed in the  manner to the legal heirs and the distribution shall be :
To the MALE, a portion equal to that of TWO FEMALES;
 If (there are) only DAUGHTERS, two or more, their share is TWO-THIRDS of the inheritance;
 If only one, her share is HALF.
 For PARENTS, a SIXTH share of inheritance to EACH if the deceased left CHILDREN;
 If NO CHILDREN, and the PARENTS are the (ONLY) heirs, the MOTHER has a THIRD;
 If the deceased left BROTHERS or (SISTERS), the MOTHER has a SIXTH.
 (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children are nearest to you in benefit. 


In that which your WIVES leave, your share is a HALF if they have NO CHILD;
 But if they leave a CHILD you get a FOURTH of that which they leave after payment of legacies that they may have bequeathed or debts.
 In that which YOU leave, their (YOUR WIVES) share is a FOURTH if you have NO CHILD;
 But if you leave a CHILD they get an EIGHTH of that which you leave after payment of legacies that you may have bequeathed or debts.
 If the MAN or WOMAN whose inheritance is in question has left NEITHER ASCENDANTS NOR DESCENDANTS  but has left a BROTHER or a SISTER, EACH ONE of the two gets a SIXTH; but if MORE THAN TWO, they
share in a THIRD; after payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone).
(those who leave neither ascendants nor descendants as heirs).
 If it is a MAN that dies, leaving A SISTER but NO CHILD, SHE shall have HALF the inheritance.
 If (such a deceased was) a woman, who left NO CHILD, her BROTHER takes her INHERITANCE.
 If there are TWO SISTERS, they shall have TWO-THIRDS of the inheritance;
 If there are BROTHERS and SISTERS, the male will have TWICE the share of the female.


LEVEL I - PRIMARY (Immediate) HEIRS
The primary (or immediate) heirs classified as Level I are:-
1. The SPOUSE (Husband or a maximum of four Wives)
2. The CHILDREN (Sons and Daughters)
3. The PARENTS (Father & Mother)
4. The GRANDCHILDREN (Sons’s SON or Son’s DAUGHTER only)
 (applicable only when the SON is already deceased only and has offspring)
LEVEL II - SECONDARY HEIRS
The secondary heirs classified as Level II are:-
1. The GRANDPARENTS (Paternal and Maternal)
2. The BROTHERS and/or SISTERS (In the absence of Father and Son ONLY)
3. The UNCLES and/or AUNTS (In the absence of Grandparents ONLY)
4. The NEPHEWS and/or NIECES (In the absence of Brothers and Sisters ONLY) 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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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; If no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah; and Allah is All-Knowing, All-Wise. [An-Nisa 4:11]
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
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Who is the original owner of the property in respect of which you have calculated the individual shares?
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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You dad or mom (based on whose property to be inherited, i.e., from his side or her side) either o them.
Sister, brother yourself;
After your father's share, the balance will be divided into 5 shares i.e., 1/5 to your sister and 2/5 share each to you and your brother.








I have 1 Son
My brother has 1 Daughter. Please advise.

 They are not entitled now. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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