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ancestral property
3 years ago
My maternal grandfather successor of ancestral property. He had one son and one daughter. He was died 1963 year. He was not made any will but all property transferred his son while his unmarried daughter and his wife was present at that time. His daughter got married 1970 year. after some time his wife died. Around half property have been sold by his son but till any type of part of property not given his daughter. Please tell me how much part of property like home, shop and farming land can get according to constitution or sharyat law. in what document are required should this.
A.hi,
the man enjoys most of the property but the woman can get gifts under sharyat law.
under constitution, the daughter can claim for equal rights as those of son.
the man enjoys most of the property but the woman can get gifts under sharyat law.
under constitution, the daughter can claim for equal rights as those of son.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
Under Muslim law, the rules of inheritance are rather strict. A son takes double the share of a daughter, on the other hand, the daughter is the absolute owner of whatever property she inherits. If there is no brother, she gets half a share. It is legally hers to manage, control, and to dispose it as and when she wants. She is also eligible to receive gifts from those she would inherit from. This is contradictory because she can inherit only one-third of the man's share but can get gifts without any hassle.
Under Muslim law, the rules of inheritance are rather strict. A son takes double the share of a daughter, on the other hand, the daughter is the absolute owner of whatever property she inherits. If there is no brother, she gets half a share. It is legally hers to manage, control, and to dispose it as and when she wants. She is also eligible to receive gifts from those she would inherit from. This is contradictory because she can inherit only one-third of the man's share but can get gifts without any hassle.
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