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quesHow is property distributed under muslim laws?

My father in law has 3 properties. He has 2 daughters and one son. mother in law is also alive. How will the property be divided as per muslim law?

  • ans

    As per to Sunni Sect the son always gets twice that of the daughter thus the ratio is 2:1. An Indian Muslim inheritance is considered as an integral part of Shariah Law Act 1937.

     

    Under the customary Muslim law, a person cannot bequeath more than one-third of his property by will. But if he has married under Special Marriage Act, then he can Will away entire property, and succession is governed by Indian Succession Act, and not the Muslim personal law i.e. Shariah Act 1937.

     

    As long as the property is his own earned and not an ancestral one, and that he has already given 1/3rd to his daughters’ i.e. to your sisters  and 2/3rd he wants to keep for his son i.e. for.  

     

    The Will must not be witnessed by you or any of your sisters/their husbands who are the direct beneficiary of his property but by any third party. 

     

  • ansEvery property which the deceased owned at the time of his death can be inherited. But there is difference in case of Shia's and Sunnis.

    Advocate Jiwan Pal Singh

      Tis Hazari Court, Delhi

  • ansAs per to Sunni Sect the son always gets twice that of the daughter thus the ratio is 2:1. An Indian Muslim inheritance is considered as an integral part of Shariah Law Act 1937. Under the customary Muslim law, a person cannot bequeath more than one-third of his property by will. But if he has married under Special Marriage Act, then he can will away entire property, and succession is governed by Indian Succession Act, and not the Muslim personal law i.e. Shariah Act 1937. As long as the property is his own earned and not an ancestral one, and that he has already given 1/3rd to his daughters’ i.e. to your sisters and 2/3rd he wants to keep for his son i.e. for. The Will must not be witnessed by you or any of your sisters/their husbands who are the direct beneficiary of his property but by any third party.

    Advocate Akhil Verma

      Delhi High Court, Delhi

  • ansI need to know wheather gte properties are owned by h out of his own income , if so them when did the marriage of the daughters take place , which year

    Advocate Ritesh Isaac

      Bengali Market, Delhi

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