• Muslim family shares

What are the shares of sons and daughters of a Muslim family both father and mother expired. What Is the share of widow/sons/daughters of deceased son/ daughter.
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

A daughter will receive half of the share of a son.

deceased daughter children have no share in property 

 

daughter in law or its children i.e., grandchildren after the death of their father from grand father`s property will not have any share 

Ajay Sethi
Advocate, Mumbai
96718 Answers
7797 Consultations

The son takes double to what is devolved upon a daughter. 

Same is with the widow.  Only the predeceased sons' or daughters' children have share in the property. 

Devajyoti Barman
Advocate, Kolkata
23181 Answers
510 Consultations

The base is counted as 24 accordingly to that depending upon the legal heirs left behind the share is calculated

 

for Son and Daughter:

2/3;  16/24;  [> 2] [S. D. SS]× 1
1/2;  12/24;  [1] [S. D. SS]× 1
1/6;   4/24;    [1D]√ [S. SS] × 5  

 

Grand father and Grand Mother: 

1/6; 4/24

 

Sons Son = 1/2

Son's Daughter = 1/6

Ganesh Kadam
Advocate, Pune
12986 Answers
262 Consultations

After 2005 and if marriage is happened under Indian Special Marriage Act then family would be governed by the Indian Succession Act 1926.

If couples are both Muslims and got married as per Muslim rituals then Shariya would apply for the family in case of division of property amongst legal heirs. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

  • If she’s the only daughter and there are no other children besides her (or inheriting grandchildren) she gets 1/2.
  • If there are two or more daughters and there are no other other children… blah de blah; they all get to share 2/3rds.
  • If there is one or more surviving daughters and no other relatives, there is some debate concerning the issue, but a preponderant view is that she/they get the whole estate.
  • If there are sons (or sons of sons with no surviving fathers), daughters become agnate, and are no longer entitled to a specific share. Rather, the whole estate is divided among the children; after the deceased’s parents and spouse have gotten their shares; in the ratio 2:1, that is, the son gets 2 portions for every portion that the daughter gets.
  • There are other, more complex situations that may require radd or awl, but the above are the very basic shares

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

- As per Muslim Law, the right of inheritance of property comes only after the death of a person.

- Further, any child born into a Muslim family does not get his right to property on his birth. 

- Further , distribution of property can be made in two ways, firstly per capita or per strip distribution.

- Per – Capita distribution method is used in the Sunni law , and 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 used in the Shia law , and according to this method , the property gets distributed among the heirs according to the strip they belong to, and hence the quantum of their inheritance also depends upon the branch and the number of persons that belong to the branch. 

- Further , there is no distinction between the right of men and women , each has right over the said property. 

- However, a female will get half of the male share . 

- Further, out of 100% share, share of mother will be 12.5%. and the remaining 87.5% will be distributed between sons and daughters. .

- Since, your mother already expired, hence the property left by them would be devolved upon sons and daughters , with the condition that daughter will get half of the share of the son.

- Further, if any son or daughter has died , then his/her respective share will be distributed between sons & daughters of deceased. 

Mohammed Shahzad
Advocate, Delhi
14406 Answers
221 Consultations

Equal share for everyone. 

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

Son will inherit double to daughter. eg. in 100, son will get 66.66% and daughter 33.33%.

Widow will get 1/8th share in 66.66% and rest will inherit children of deceased son by same percentage i.e 66.66% and 33.33%.

Yogendra Singh Rajawat
Advocate, Jaipur
22971 Answers
31 Consultations

each male takes the share of two females, i.e. the daughter will have one share and each of the sons will have two shares. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

All have equal shares 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Widow of deceased will get 1/8th share from property of her husband rest will devolve among children.

2. Son will get 66.67% share from remaining property and 33.33% share will devolve to daughter of deceased.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

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

 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

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