Widow's share in her husband's property under Muslim law

146 votes

In India, the Muslim Personal Law (Shariat) Application Act, 1937 applies to the distribution of property of a deceased Muslim man. According to this law, the property of a Muslim man is distributed among his legal heirs according to the rules of Islamic law.

Wife's share in husband's property after death in Islam depends upon several factors.

The widow of the deceased man is entitled to a share in his property as per her status as an heir. The share of the widow depends on whether the man has any surviving children, parents, or siblings. If the man has no surviving children, parents, or siblings, then his widow is entitled to 1/4th of his property. If the man has surviving children, then his widow is entitled to 1/8th of his property. If the man has surviving parents, but no children or siblings, then his widow is entitled to 1/3rd of his property. If the man has surviving siblings, but no children or parents, then his widow is entitled to 1/6th of his property.

The children of the deceased man are also entitled to a share in his property. The share of the children depends on their gender and the number of children. Sons are entitled to twice the share of daughters. If the man has only one daughter, she is entitled to half of one son's share. If the man has more than one daughter, they are entitled to two-thirds of one son's share.

It is important to note that the above-mentioned rules only apply in cases where the deceased man has not made a will. If the man has made a will, the distribution of his property will be in accordance with the provisions of the will.

LawRato LawRato

527 votes

Muslim law of succession constitutes four sources of Islamic law –

1.The Holy Koran
2. The Sunna - that is, the practice of the Prophet
3. The Ijma - that is, the consensus of the learned men of the community on what should be the decision on a particular point
4. The Qiya - that is, an analogical deduction of what is right and just in accordance with the good principles laid down by God.

Muslim law recognizes two types of heirs, Sharers and Residuaries. Sharers are the ones who are entitled to certain share 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.


Sharers:

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.

Non Testamentary and Testamentary succession under Muslim law:

In Non testamentary succession, the Muslim Personal Law (Shariat) Application Act, 1937 gets applied. On the other hand, in case of a person who dies testate i.e. one who has created his will before death, the inheritance is governed under the relevant Muslim Shariat Law as applicable to the Shias and the Sunnis.

In cases where the subject matter of property is an immovable property, situated in the state of West Bengal, Chennai and Bombay, the Muslims shall be bound by the Indian Succession Act, 1925. This exception is only for the purposes of testamentary succession.

Birth right:

inheritance of property in Muslim law comes only after the death of a person, any child born into a Muslim family does not get his right to property on his birth. If an heir lives even after the death of the ancestor, he becomes a legal heir and is therefore entitled to a share in property. However, if the apparent heir does not survive his ancestor, then no such right of inheritance or share in the property shall exist.

Distribution of the Property:

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.

Rights of females:

Muslim does not create any distinction between the rights of men and women. On the death of their ancestor, nothing can prevent both girl and boy child to become the legal heirs of inheritable property. However, it is generally found that the quantum of share of female heir is half of that of the male heirs. Reason behind this is that under the Muslim law a female shall upon marriage receive mehr and maintenance from her husband whereas males will have only the property of the ancestors for inheritance. Also, males have the duty of maintaining their wife and children.

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.

A Child in the Womb:

A child in the womb of its mother is competent to inherit provided it is born alive. A child in embryo is regarded as a living person and, as such, the property vests immediately in that child. But, if such a child in the womb is not born alive, the share already vested in it is divested and, it is presumed as if there was no such heir (in the womb) at all.

Escheat:

Where a deceased Muslim has no legal heir under Muslim law, his properties are inherited by Government through the process of escheat.

Marriage under the Special Marriage Act, 1954:

Where a Muslim contracts his marriage under the Special Marriage Act, 1954, he ceases to be a Muslim for purposes of inheritance. Accordingly, after the death of such a Muslim his (or her) properties do not devolve under Muslim law of inheritance. The inheritance of the properties of such Muslims is governed by the provisions of the Indian Succession Act, 1925 and Muslim law of inheritance is not applicable.

Advocate Siddhant Sharma LawRato

111 votes

Under Islamic law, the share of a wife in her husband's property after his death is governed by specific rules of inheritance. Here are the key points regarding a wife's share in her husband's property under Islamic law:

1. Wife's Share in Husband's Property: In Islam, a wife is entitled to a share of her deceased husband's property. The share varies depending on various factors, including whether the husband has children and the presence of other heirs.
2. Childless Marriage: If the marriage is childless, and the husband passes away, the wife is entitled to one-fourth (1/4) of the deceased husband's property after the payment of his funeral and legal expenses.
3. Marriage with Children: If the husband has children from the marriage, the wife's share is reduced to one-eighth (1/8) of the deceased husband's property after the deduction of funeral and legal expenses.
4. Other Legal Heirs: In addition to the wife's share, other legal heirs, such as children, parents, and siblings, may also have a share in the deceased husband's property, as determined by Islamic inheritance laws.
5. Distribution of Property: After the calculation of each heir's share, the property is distributed accordingly among the eligible heirs. The distribution is typically overseen by Islamic authorities or legal representatives.
6. Legal Guidance: To ensure that the distribution of property follows Islamic laws correctly, it is advisable to consult with knowledgeable individuals or Islamic legal experts who can guide the heirs through the process.

It's important to note that Islamic inheritance laws can vary based on different schools of thought within Islam and may also be influenced by local customs and regulations. Therefore, it's recommended to seek legal and religious guidance to understand the specific distribution of property in a particular case.

Advocate Chikirsha Mohanty LawRato

63 votes

After paying for the funeral, legal fees and debts of the deceased spouse, a childless Muslim wife is entitled to receive one-fourth. A widow with children or grandchildren has the right to receive one-eighth.

Advocate Chikirsha Mohanty LawRato