• Property share

My wife and her one brother are the only legal heirs of  my father in law as my mother in law already passed away in 2013. We are staying in the house of father in law since 15 years as my wife's brother disputed with parents and staying with his family in different locality. And now my father in law is expired without making a will. My wife's brother is claiming his share in the house now after deserted for more than 17 years. 
We are Muslims please clarify if my wife's brother has the rights to share if yes what is his share?
Thank you.
Asked 8 months ago in Property Law from Madras, Tamil Nadu
Religion: Muslim
1. Yes, mere staying separately from one's ancestral proeprty doe snot relinquish his share.
Since your wife and her brother is the only legal heir left by their father you wife has 1/3rd and her brother has 2/3 share in the proeprty as per Muslim personal law.
Devajyoti Barman
Advocate, Kolkata
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1) on father demise son and daughter would have share in house of the father 

2) As per to Sunni Sect the son always gets twice that of the daughter thus the ratio is 2:1.
Ajay Sethi
Advocate, Mumbai
26065 Answers
1416 Consultations
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Hello,
1) As your father in law passed away intestate, your brother in law will certainly inherit from the property. As per Sharia law the man is entitled to double the share of the woman. Therefore your brother in law's is entitled to the greater share in the property that you live in and possess.

2) As your brother in law has not been in possession for more than 15 years and this can hamper his claims. However it is advisable to reach a settlement with your brother in law and get him to relinquish his rights in favour of his sister. You may have to compensate him or buy over his share.

S J Mathew
Advocate, Mumbai
1980 Answers
75 Consultations
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1. Islamic law recognizes two types of heirs, the first being Sharers, and the second being Residuaries. A relative who is a Sharer will take a specified portion of the deceased's estate irrespective of anything else excepting for one important exception being the Rule of Awl and Radd. A relative who is a Residuary will take whatever is left over, once the Sharers have taken their specified shares.

2. The share taken by each sharer will fluctuate in certain circumstances. 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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484 Consultations
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Your wife's brother is certainly entitled for a rightful and legitimate share in his fathers intestate property. 
Legally he is entitled to 2 equal shares to that of your wife's one such  share in the  property.
Thus instead of fighting out this issue legally, it would be better to sort out the difference and settle the issues amicably to avoid litigation expenses, long drawn legal battles, restless situation with no pleasantries exchanged between family and relatives, loss of time, energy and money due to lack of adjustment and understanding resulting into current litigation etc. 
T Kalaiselvan
Advocate, Vellore
16421 Answers
153 Consultations
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Hi 
In a  muslim inheritance , the children cannot claim the share of father's property in the following conditions:
a) Children  who had attempted to murder their father/Mother  or 
b) got married to a girl from different religion or 
c) openly claimed in front of the Qazi that he had disowned the father OR 
d) The father has disowned the son in front of  qazi and the same being recorded in the records or 
e) If the son is addicted to vices prohibited in the Quran. 

In absence of any of the above, the common practice amongst muslims is to first divide the shares equally amongst the son and daughter.
Hope this helps
Rajgopalan Sripathi
Advocate, Hyderabad
944 Answers
64 Consultations
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