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How is a property divided after death of father under Muslim law


30-Apr-2023 (In Muslim Law Law)
We r 3 sisters, a brother and mom. How to distribute (ratio) my deceased father's property among we 5 persons according to Islamic law in India ? Does Indian law applicable of equal ratio , if all sisters insist on that ? Mother is living with only son.
Answers (4)

Answer #1
59 votes

Under Muslim law in India, the property of a deceased person is divided among his legal heirs according to the rules of inheritance laid down in the Quran. The division of property is governed by the Muslim Personal Law (Shariat) Application Act, 1937.

In the case of a deceased father who is survived by his wife, one son, and three daughters, the property will be divided as follows:

  • The wife of the deceased father is entitled to 1/8th of the property.

  • The son of the deceased father is entitled to 2/3rd of the property.

  • The three daughters of the deceased father are entitled to 1/3rd of the remaining property, which is divided equally among them.

Therefore, the total share of each legal heir will be as follows:

  1. The wife of the deceased father: 1/8th of the property

  2. The son of the deceased father: 2/3rd of the property

  3. Each daughter of the deceased father: 1/9th of the property


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Answer #2
700 votes
Hi,
Share of Mother is fixed i.e., 1/8 value of your father's property.
The remaining brother and three sisters' total share would be 7/8. AND brother will get double of sister' share.
Now if we go by percent, share of mother will be 12.5%. and the remaining 87.5% will be distributed amongst three sisters and one brother in such a way that brother will get double the share of sister. means if sister gets Rs. 100, then brother will get Rs. 200.
Answer #3
941 votes
Inreply question on 1
Wife of deceased person get 1/8
Rest poperty 7/8 diveded among the son and daughter.in this cade 3 daughter and one son.diveded as son 7/20and each dajughter 7/40
Wise12.5% son 35% 3 daughter each17.5% total 52.5%

Answer #4
288 votes
According to Islamic law, a widow is not excluded from succession. After paying for the funeral, legal fees and debts of her deceased husband's estate, a childless Muslim woman is entitled to receive one-fourth. A widow with children or grandchildren has the right to receive one-eighth.
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