Legal Question in Real Estate Law in India

When a muslim woman dies,how does her property will be decided among her husband,a son,father,mother,her unmarried 38yr old sister and a married brother according to muhammadan law/Shariah


Asked on 7/25/16, 3:56 am

1 Answer from Attorneys

1) For purposes of inheritance, Muslim law does not make any distinction between corpus and usufruct or, between movable and immovable, or, corporeal and incorporeal property. Under English law, there is some difference in the inheritance of movable and immovable property.

2) But, under Muslim law there is no such distinction; any property, which was in the ownership of the deceased at the moment of his death, may be the subject-matter of inheritance.

3) After the death of a Muslim, his properties are utilised for the payment of funeral expenses, debts and the legacies i.e. wills, if any. After these payments, the remaining property is called heritable property. Under Muslim law, every kind of property may be a heritable property.

4) Under the Shia law, a childless widow is entitled to get her share (1/4) in the inheritance only from the movable property left by her deceased husband.

5) Consult a local experienced relevant law expert, an intelligent, able Advocate

of repute with full facts.

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Answered on 7/25/16, 5:43 am


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