How property is divided between brother and sister under Muslim law

578 votes

HERE IS NO DISTINCTION IN MUSLIM LAW OF INHERITANCE BETWEEN ANCESTRAL AND SELF ACQUIRED PROPERTY AND BIRTH RIGHT IS ALSO NOT RECOGNIZED AS AMONG HINDUS.
THERE ARE 3 CLASSES OF HEIRS1)"SHARERS",WHO ARE ENTITLED TO PRESCRIBED SHARE OF THE INHERITANCE,
2)"RESIDUARIES"WHO HAVE NO SHARE PRESCRIBED BUT GET ONLY WHAT IS LEFT AFTER GIVING THE PRESCRIBED SHARE OF SHARERS ,AND LASTLY,
3)"DISTANT KINDARED"ARE ALL THOSE RELATED BY BLOOD BUT THEY ARE NEITHER SHARERS NOR RESIDUARIES.
AND THAT THERE IS NO PRESUMPTION OF JOINT FAMILY AS IT GOES AMONG HINDUS.
SO IN THIS BACK GROUND OF MUSLIM INHERITANCE LAW, IN WHICH YOU ARE TO LOOK UPON THE FACTS OF YOUR CASE.
HERE IN YOUR GIVEN CASE MOTHER(being widow of deceased)IS IN THE CLASS OF SHARES,AND HER FIXED SHARE IS 1/6th',
HERE IN YOUR PARTICULAR CASE 3 SONS AND 5 DAUGHTERS ARE "RESIDUARIES"ENTITLED TO GET WHAT IS LEFT,THAT IS (1-1/6=5/6),BUT SONS WILL GET DOUBLE OF THE SISTERS.SO "5/6" BEING "RESIDUE" LEFT AFTER SATISFYING MOTHERS'FIXED SHARE OF 1/6 SHALL BE SO DIVIDED AMONG SONS AND DAUGHTERS THAT SONS GET DOUBLE OF DAUGHTERS.
NOW ANSWER TO YOUR QUESTIONS:
1)FILE A SUIT OF PARTITION ON BEHALF OF DAUGHTERS,AGAINST SONS AND MOTHER.
2)YES!
3)NO!IF SHE CAN WRITE ANY THING AT ALLTHAT IS ABOUT THE 1/6th SHE HAS INHERITED,THAT TOO ACCORDING TO MUSLIM LAW.
YOUR ONLY REMEDY IS TO FILE A SUIT OF PARTION,AS TOLD ABOVE.

Advocate Siddhant Sharma LawRato