90,000+ Legal Questions Answered
Muslim Property
1 year ago
दादा जी द्वारा दादी को खरीद कर दी गई मुस्लिम प्रॉपर्टी की जानकारी चाहिए। यह कि दादी की मृत्यु ( बिना किसी वसीयत के) के बाद प्रॉपर्टी (नॉन एग्रीकल्चरल) की खतौनी/ खाता उनके पुत्रों ( चार भाई) ने अपने नाम करा लिया लेकिन सम्पत्ति दादा जी इस्तेमाल में थी। कुछ समय बाद दादा जी पर उनके पुत्रों ने मुकद्दमा क्या और उस संपत्ति को उसमे से दो भाईयों ने सेल कर दिया उसके दो साल बाद दादा जी ने वही संपत्ति अपने एक पुत्र के 4 चार बेटों के नाम रजिस्टर्ड वसीयत कर दी क्यूं की दादा जी की इन्ही पोतो ने सेवा की और यहीं उन्होंने आखिरी सांस ली।जाना ये चाहता हूं कि क्या मुस्लिम पर्सनल लॉ के तहत दादा द्वारा की गई पोतो को वसीयत दुरुस्त है ?9792512148
A.Dear Sir,
Under Muslim law, the concept of ancestral and self-acquired property is not recognised.
As long as the person is alive, the property owned by him is his absolute property and no right of any legal heirs accrues until his death. Upon his demise, the legal heirs become entitled to a definite fraction of the estate of the deceased.
Under Muslim law, distribution of property can be made in two ways, i.e. per capita or per strip distribution for sunnis and shias respectively. The quantum of their inheritance would depend upon the branch and the number of persons that belong to the branch.
Under Muslim laws, the right to claim inheritance may be exercised during the lifetime of the person claiming such right.
The rights of the person living in the property for thirty years vis-à-vis that of persons who have not claimed any right to the property would have to be examined in light of the specific facts of the case and the principles governing the Muslim law in India.
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 succession, 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.
Male and female children, a son's share is double that of a daughter's
daughter is the absolute owner of whatever property she inherits
Till a daughter is not married, she enjoys the right to stay in her parents' house and seek maintenance
In case of a divorce, charge for maintenance reverts to her parental family after the iddat period (approximately three months) is over.
However, if her children are in a position to support her, the responsibility falls on them.
In the famous Shah Bano case, the Supreme Court had held that in case of a divorce, it is the responsibility of the husband to make reasonable and fair provision to maintain his former wife even after separation under Section 3 (1Ha) of the Muslim Women (Protection of Rights on Divorce) Act, 1986. This period extends beyond iddat as the woman retains control over her goods and properties.
SHARE OF WIDOW
In the event of the death of her husband, a widow gets the one-eighth share (in case there are children) but will get one-fourth share (if there are no children).
If there is more than one wife, the s
Under Muslim law, the concept of ancestral and self-acquired property is not recognised.
As long as the person is alive, the property owned by him is his absolute property and no right of any legal heirs accrues until his death. Upon his demise, the legal heirs become entitled to a definite fraction of the estate of the deceased.
Under Muslim law, distribution of property can be made in two ways, i.e. per capita or per strip distribution for sunnis and shias respectively. The quantum of their inheritance would depend upon the branch and the number of persons that belong to the branch.
Under Muslim laws, the right to claim inheritance may be exercised during the lifetime of the person claiming such right.
The rights of the person living in the property for thirty years vis-à-vis that of persons who have not claimed any right to the property would have to be examined in light of the specific facts of the case and the principles governing the Muslim law in India.
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 succession, 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.
Male and female children, a son's share is double that of a daughter's
daughter is the absolute owner of whatever property she inherits
Till a daughter is not married, she enjoys the right to stay in her parents' house and seek maintenance
In case of a divorce, charge for maintenance reverts to her parental family after the iddat period (approximately three months) is over.
However, if her children are in a position to support her, the responsibility falls on them.
In the famous Shah Bano case, the Supreme Court had held that in case of a divorce, it is the responsibility of the husband to make reasonable and fair provision to maintain his former wife even after separation under Section 3 (1Ha) of the Muslim Women (Protection of Rights on Divorce) Act, 1986. This period extends beyond iddat as the woman retains control over her goods and properties.
SHARE OF WIDOW
In the event of the death of her husband, a widow gets the one-eighth share (in case there are children) but will get one-fourth share (if there are no children).
If there is more than one wife, the s
Helpful
Helpful
Share
Anonymous
Replied 1 year ago
डियर सर, मुझे अपने सरल से प्रश्न का सरल का उत्तर चाहिए।
A.Dear Client,
Agriculture related land laws har state ke alag hote hai. Par usually, deceased landholder ke class 1 matlab unke baccho ko land milti hai and fir unke next generation ke class 1 heir ko. Aap apne local advocate se aur jankaari lijiye.
Agriculture related land laws har state ke alag hote hai. Par usually, deceased landholder ke class 1 matlab unke baccho ko land milti hai and fir unke next generation ke class 1 heir ko. Aap apne local advocate se aur jankaari lijiye.
Helpful
Helpful
Share
Read Related Answers
Inheritance Rights Dispute Over Mothers Property in Bengaluru
Dear Client,
A property when left by the deceased owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share following the law of inheritance/succession. After t...
EWS Certificate
Dear Client,
The death certificate of a deceased person is a crucial document that is mandatorily required for the issue of a legal heir certificate either by the Municipal Authority or to apply for a...
POA from SriLanka to India citizen Resident Indian
Dear client,
If the seller of the property is not now in India, he can still execute a POA abroad, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate in...
Darkast agriculture land sale
Dear Sir,
If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
Mutation of property in authority records based upon registered gift deed
Dear Sir,
Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
