In Islamic law, a daughter's share of an inheritance is half of a son's share.

The reason for the difference in share size is that a woman receives maintenance and mehr from her husband after marriage, while a man only inherits from his ancestors. 

Men are also responsible for maintaining their wives and children. 

daughter inherits from her mother''s estate in the same manner as she would from her father''s estate. 

2) Under Muslim law, daughters are entitled to inherit property from both parents, with their share being half that of their brothers.

Tunder Muslim law of inheritance a daughter  takes half of the  share of son. That is, son is entitled to double the  share of daughter .

Under Muslim Personal Law, a daughter's share is half of the son's share in inheritance, regardless of whether the property comes from the father or mother. In this case, the son gets 2/3 and the daughter gets 1/3 of the property.

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i take it that this query pertains to the Hanafi/Sunni law

the daughter is one of the 12 sharers

as a sharer she is entitled to half share when there is NO son

however when there is a son, the daughter gets converted into a residuary and is not considered as a sharer

the son always takes as a residuary and cannot be excluded from inheritance

so when there is a son, the daughter takes as a residuary

since the son and daughter both are now considered to be residuaries, the rule of 2:1 will apply as these 2 residuaries are of different sexes. Had it been 2 daughters then in that case both would take equally

thus the son will take double share than the daughter

thus the % shares will be as below:

son - 66.66%

daughter - 33.33%

i have not come across any case where just because the deceased is the mother leaving behind a son and a daughter, the latter gets half

Under Muslim personal law, specifically the Hanafi interpretation, inheritance shares for male and female heirs are not based on whether the property belonged to the mother or father but rather on prescribed shares within the family hierarchy. In the case you mentioned, where a woman leaves behind a son and a daughter as her only legal heirs, the son will inherit two-thirds (2/3), while the daughter will inherit one-third (1/3) of the property. This follows the Quranic principle where the male child receives double the share of the female child.

Feel free to book an appointment for further consultation.

Warm regards,
Adv. Aman Verma
Legal Corridor

Dear Client,  

The Personal Law applicable to Muslims provides for the inheritance of property to be governed according to rules of such a nature that the legal heirs would get certain shares fixated on the basis of gender and position of the heirs to the deceased. So far as the property left behind by a woman is concerned, Her share is doubled on that of a woman heir under normal circumstances, regardless of whose property it was-whether father or mother.  

Since there are two heirs of a woman-a son and a daughter-the property of the woman would be divided in a 2:1 ratio with the son getting two-thirds (66.67%) of the property and the daughter getting one-third (33.33%). Thus, to say that under Islamic inheritance, a daughter gets 50% of her mother's property is incorrect since Muslims uniformly apply the share system of inheritance based on gender.  

If the woman left a will, however, under the law the maximum she could have bequeathed in that will must not have exceeded one-third of the remaining estate. There is no prohibition that prevents heirs settling the matter amicably if they are in agreement with each other.  

Hope this was helpful. Let me know if you need anything further clarified. 

No it’s only the share of your mother you can claim and same will be divided equally with your siblings and father 

- 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. 

- Hence, the share of daughter will be half of the son and not equal of sons share in the property even left by the mother.