Who will inherit property of muslim unmarried male under Muslim Law
05-May-2023 (In Property Law)
Who will inherit landed property of a Muslim male unmarried person after his death under Muslim law
Muslim law recognizes two types of heirs, Sharers and Residuaries. Sharers are the persons who are entitled to certain shares in the deceased’s property and Residuaries would take up the share in the property that is left over after the sharers have taken their part. The Sharers are 12 in number and are as follows: (1) Husband, (2) Wife, (3) Daughter, (4) Daughter of a son (or son's son or son's son and so on), (5) Father, (6) Paternal Grandfather, (7) Mother, (8) Grandmother on the male line, (9) Full sister (10) Consanguine sister (11) Uterine sister, and (12) Uterine brother. The share taken by each sharer will vary in certain conditions. For instance, a wife takes 1/4th of share in a case where the couple are without lineal descendants, and a one-eighth share otherwise. A husband (in the case of succession to the wife's estate) takes a half share in a case where the couple are without lineal descendants, and a one-fourth share otherwise. A sole daughter takes a half share. Where the deceased has left behind more than one daughter, all daughters jointly take two-thirds. 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. In your case the serial nos 1 to 4 is not applicable.
What is distributive property in Muslim law?
Dear Client: The inheritance left by your ancestors is distributed equally amongst the heirs. However, sons get twice as much of the estate as a daughter. On the other hand, if you have three daughters, each will receive 20% and the son 40%.
What are the rules of succession to the property under Muslim law?
Muslim Succession Law
According to law, the property of a Muslim is divided between his or her legal descendants. Sharers and residuals are the two types of heirs. Sharers are entitled to receive a fixed percentage of the estate. This includes spouses and children. 08-Sept-2023
How is property divided according to Muslim law?
In accordance with these laws, both brothers and sisters are entitled to inherit their parents property. There are some rules and restrictions regarding the distribution of inheritance between siblings. The eldest child may, for example, receive a greater share of inheritance than the younger children.
What is the inheritance law for Muslims in India?
SUCCESSION LAWS for MUSLIMS
According to the 1937 Muslim Personal Law (Shariat), an individual Muslim may only bequeath one third of his assets in a will if he obtains consent from his heirs. * The remaining estate is divided between the spouse and other heirs. 30-Jun-2023
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