Property legal heirs share Property legal heirs share

9 months ago

Elder brother was unmarried he has an immovable property after his death his full brother and sister's didn't transfer property to their names after the death of full brother and sister's how the property will be distributed to his full brother & sister's children's in islamic sharia law of india?

Anish Palkar

Responded 9 months ago

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A.now the property can be transferred to all the brother and sister in equal ratio as the elder brother is no more
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Anik

Responded 9 months ago

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A.Dear client,

In Islamic Sharia law, the distribution of an individual's property after their death is governed by the rules of inheritance, known as "Faraid." According to these rules, if a person dies without leaving behind a will, their property will be distributed among their heirs according to predefined shares. The shares differ based on the relationship of the heirs to the deceased.

In the scenario you described, if the unmarried brother passed away without transferring the property to his full siblings, the property would be considered a part of his estate. Upon his death, the property would be distributed among his legal heirs, which would typically include his full brother and sisters. However, it's important to note that the specific distribution of shares would depend on the number of heirs and their relationship to the deceased brother.

Under Islamic inheritance rules, in the absence of any other direct heirs, the siblings (both full siblings and half-siblings) would generally be eligible to inherit from the deceased brother's estate. The distribution of shares between the full brother and sisters' children would depend on the number of full siblings and their gender.

To obtain a more accurate understanding of how the property would be distributed in this particular case, it is recommended to consult with a knowledgeable Islamic scholar or a legal professional well-versed in Islamic inheritance laws in India. They can provide you with a precise interpretation based on the specific details of the situation
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