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Muslim Sharia Muslim Sharia

3 years ago

Assalaamu Alaikkum
Please give me a share details
Dad Share ( He is no more now)
Wife , one Son, one daughter (She is no more)

Son has 3 children (2 Sons and 1 Daughter)

Daughter (no more live) has 3 daughters.

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.As according to your personal Muslim laws, the wife will get 1/8th of the share of the property. The remaining shares will be divided to son and daughter. The part of share of son will be divided among his children and the part of daughter to her children equally. As it is not mentioned that property is testamentary or non testamentary so in Non-testamentary succession, the Muslim Personal Law (Shariat) Application Act, 1937 gets applied. On the other hand, one who has created his will before death, the inheritance is governed through this will.
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Anik

Responded 3 years ago

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A.Dear Sir,
Based on the limited facts you have mentioned, we may give you a general legal advice, in Non-testamentary succession, the Muslim Personal Law (Shariat) Application Act, 1937 gets applied. On the other hand, one who has created his will before death, the inheritance is governed through this will. The wife will get 1/8th of the share of the property. The remaining shares will be divided to son and daughter. Share will be given to daughter only if personal laws allow this division.
The part of share of son will be divided among his children and the part of daughter to her children equally.
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear sir,
Please approach local lawyer who is well versed on the issue.
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