Domest
3 years ago
I am 40 years old woman who lost her husband last year due to sever heart attack. I am survived with two daughters one 9 years and 4 years. We had love marriage. I am hindu and My husband was muslim. After marriage i converted to muslim. Now after his death my in laws ie my mother in law, sister in laws, brother in laws are abusing me by giving bad words and asking me to leave the house with my daughters. I approached police to help me by atleast warning the inlaws however on police station my inlaws started blaming me and started saying i abuse them. Though for few days they kept quite now they again started abusing me. I am very scared to live with them but i have no other house to move on. Please advise me
A.Rules Governing Inheritance of Property under Muslim Law
Under the Indian legislative scheme, the rules that govern inheritance under the Muslim law depend on the kind of property involved. In cases of Non testamentary succcession, 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 which is situated in the state of West Bengal or comes within the jurisdiction of Madras or Bombay High Court, the Muslims shall be bound by the Indian Succession Act, 1925. This exception is only for the purposes of testamentary succession.
It is noteworthy that the Muslim law does not make any strict distinction between any two or more type of properties such as movable and immovable, corporeal and incorporeal etc. Since there is no such distinction between different kinds of properties, therefore, on the event of death of a person, every such property which was within the ambit of ownership of the deceased person shall become a subject matter of inheritance. The amount of property that shall become the subject matter of inheritance and is made available to the legal heirs to inherit shall be determined after making certain appropriations. Such appropriations may include expenses paid in lieu of funeral, debts, legacies, wills etc. After making all these payments, the left over property shall be termed as the inheritable property.
Principles governing rules of inheritance of joint or ancestral property
Unlike Hindu law, there is no provision of distinction between individual i.e. self acquired or ancestral property. Each and every property that remains within the ownership of an individual can be inherited by his successors. Whenever a Muslim dies, all his property whether acquired by him during his lifetime or inherited from his ancestors can be inherited by his legal heirs. Subsequently, on the death of every such legal heir, his inherited property plus the property acquired by him during his lifetime shall be transferred to his heirs.
Birth right
The principle of Hindu law of inheritance of Janmaswatvad does not find place in the Muslim law of inheritance. The question of 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. In fact no such person holds becomes a legal heir and therefore holds no right till the time of death of the ancestor. 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.
Under the Indian legislative scheme, the rules that govern inheritance under the Muslim law depend on the kind of property involved. In cases of Non testamentary succcession, 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 which is situated in the state of West Bengal or comes within the jurisdiction of Madras or Bombay High Court, the Muslims shall be bound by the Indian Succession Act, 1925. This exception is only for the purposes of testamentary succession.
It is noteworthy that the Muslim law does not make any strict distinction between any two or more type of properties such as movable and immovable, corporeal and incorporeal etc. Since there is no such distinction between different kinds of properties, therefore, on the event of death of a person, every such property which was within the ambit of ownership of the deceased person shall become a subject matter of inheritance. The amount of property that shall become the subject matter of inheritance and is made available to the legal heirs to inherit shall be determined after making certain appropriations. Such appropriations may include expenses paid in lieu of funeral, debts, legacies, wills etc. After making all these payments, the left over property shall be termed as the inheritable property.
Principles governing rules of inheritance of joint or ancestral property
Unlike Hindu law, there is no provision of distinction between individual i.e. self acquired or ancestral property. Each and every property that remains within the ownership of an individual can be inherited by his successors. Whenever a Muslim dies, all his property whether acquired by him during his lifetime or inherited from his ancestors can be inherited by his legal heirs. Subsequently, on the death of every such legal heir, his inherited property plus the property acquired by him during his lifetime shall be transferred to his heirs.
Birth right
The principle of Hindu law of inheritance of Janmaswatvad does not find place in the Muslim law of inheritance. The question of 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. In fact no such person holds becomes a legal heir and therefore holds no right till the time of death of the ancestor. 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.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
Sorry to hear about your loss.
1. In case of any urgency, please dial the police control room number as per the District you are living in.
2. If any physical torture, ensure that you visit Hospital, get a medical certificate, and file a FIR under appropriate sections.
3. I wanted to know about income sources, property status, your father in law's property, etc etc. to take a call on separations and partition.
Sorry to hear about your loss.
1. In case of any urgency, please dial the police control room number as per the District you are living in.
2. If any physical torture, ensure that you visit Hospital, get a medical certificate, and file a FIR under appropriate sections.
3. I wanted to know about income sources, property status, your father in law's property, etc etc. to take a call on separations and partition.
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A.Madam
you have to file for protection order under domestic violence act against your in-laws and obtain residence protection order and other orders (pertaining to maintenance, prevention from abuse etc).
You can obtain these orders even during the lock down. Please contact a lawyer in your locality.
Thanks
you have to file for protection order under domestic violence act against your in-laws and obtain residence protection order and other orders (pertaining to maintenance, prevention from abuse etc).
You can obtain these orders even during the lock down. Please contact a lawyer in your locality.
Thanks
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