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Share in property of a deceased muslim Share in property of a deceased muslim

4 months ago

According to Mohammedean law will inlaws of a widow will get share in a property who have one girl child, a house from her inlaws got registered on her husbands name, and one plot is self own by her husband (deceased), both properties are registered on the name of her husband (deceased), his legal heirs are a young widow and a girl child ?

Anik

Responded 4 months ago

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A.Dear Client,
In Mohammedan law, the inheritance rights depend on the circumstances and the presence of other legal heirs. In the given scenario, where a young widow and a girl child are the legal heirs of the deceased husband, the widow is entitled to a share in her husband's property. The distribution of shares follows a specific order, with the widow being eligible for a share. However, it's essential to consider the nature of the properties and any specific circumstances that might affect the inheritance. The in-laws, generally, do not have a direct share unless there are no other legal heirs. Consulting with a legal expert or a Shariah advisor familiar with Islamic inheritance laws would provide more precise guidance based on the specific details of the case.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
Inheritance in Islam is property/funds (assets) transferred from a deceased family member to their loved ones. Wasiyyah is an Arabic term that describes the declaration a person makes whilst alive regarding their property, as well as the arrangements according to Islamic law to be carried out after their death. The wife is entitled to one-fourth if the husband dies childless; otherwise, it is one-eighth. Real daughter: one-half when alone, and two-thirds if more than one. Islamic laws on property division are based on the principles of justice, fairness, and equality, as outlined in the Quran and Hadith. According to these laws, brothers and sisters have equal rights to inherit the property of their parents. In Islam, women are entitled to the right of inheritance, though generally, Islam allows women half the share of inheritance available to men if they inherit from the same father. For example, where the decedent has both male and female children, a son's share is double that of a daughter's. Reach out to an Advocate experienced in the Muslim law of inheritance for proper guidance and steps.
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