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Do I and my children have any right on my dead husband's property
18-Apr-2023 (In Muslim Law Law)
Respected Sir Husband had sudden heart attack, passed away, now my narcissistic mother in law is keeping all my gold (ie both from my side and her side) and not allowing any share in husbands property. I have one 3yr old son and 1 yr old daughter. what is my share and the childrens share of their fathers property. Everything is being kept hidden from me. kindly advice me on this matter as this is not getting solved inspite of my family elders repeatedly trying to sort it out by peaceful means considering DEATH as a loss to both the families BUT My In laws are just tricking us.
Dear Sir/Mam, As per my knowledge and information
Widow’s right to succession:
Under Muslim law, no widow is excluded from succession. A childless Muslim widow is entitled to one-fourth of the property of the deceased husband, after meeting his funeral and legal expenses and debts. However, a widow who has children or grandchildren is entitled to one-eighth of the deceased husband's property. If a Muslim man marries during an illness and subsequently dies of that medical condition without brief recovery or consummating the marriage, his widow has no right of inheritance. But if her ailing husband divorces her and afterwards, he dies from that illness, the widow's right to a share of inheritance continues until she remarries.
In a simple way Muslim woman: In the event of the death of her husband, a widow gets the one-eighth share (when there are children) but gets one-fourth share (if there are no children). If there is more than one wife, the share may diminish to one-sixteenth.
Under the Muslim law, distribution of property can be made in two ways – per capita or per strip distribution.
Per capita distribution method is majorly used in the Sunni law. 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 recognised in the Shia law. According to this method of property inheritance, the property gets distributed among the heirs according to the strip they belong to. Hence the quantum of their inheritance also depends upon the branch and the number of persons that belong to the branch.
In the case a man dies childless and his property at the time of his death after the payment of debts and will (if any) is $10,000.00; and his surviving relatives are his mother, his wife, one brother and one sister, the distribution according to Shariah will be as follows:
The wife of the deceased will receive 1/4th or $2,500.00
The mother of the deceased will receive 1/3rd or $3333.33
The balance $4,166.67 will be divided into three parts, and the brother of the deceased will receive twice the share of the sister. Thus the sister of the deceased will receive $1,388.89 and the brother $2,777.78.
Widow’s right to succession:
Under Muslim law, no widow is excluded from succession. A childless Muslim widow is entitled to one-fourth of the property of the deceased husband, after meeting his funeral and legal expenses and debts. However, a widow who has children or grandchildren is entitled to one-eighth of the deceased husband's property. If a Muslim man marries during an illness and subsequently dies of that medical condition without brief recovery or consummating the marriage, his widow has no right of inheritance. But if her ailing husband divorces her and afterwards, he dies from that illness, the widow's right to a share of inheritance continues until she remarries.
In a simple way Muslim woman: In the event of the death of her husband, a widow gets the one-eighth share (when there are children) but gets one-fourth share (if there are no children). If there is more than one wife, the share may diminish to one-sixteenth.
Under the Muslim law, distribution of property can be made in two ways – per capita or per strip distribution.
Per capita distribution method is majorly used in the Sunni law. 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 recognised in the Shia law. According to this method of property inheritance, the property gets distributed among the heirs according to the strip they belong to. Hence the quantum of their inheritance also depends upon the branch and the number of persons that belong to the branch.
In the case a man dies childless and his property at the time of his death after the payment of debts and will (if any) is $10,000.00; and his surviving relatives are his mother, his wife, one brother and one sister, the distribution according to Shariah will be as follows:
The wife of the deceased will receive 1/4th or $2,500.00
The mother of the deceased will receive 1/3rd or $3333.33
The balance $4,166.67 will be divided into three parts, and the brother of the deceased will receive twice the share of the sister. Thus the sister of the deceased will receive $1,388.89 and the brother $2,777.78.
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Adv. Mohammed Munawar
Hyderabad | 25+ Answers
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