Regarding Muslim property law Regarding Muslim property law

4 years ago

If a parents has only one daughter (no son) then will the daughter has 100% legal rights on his father's property under Muslim succession law or Muslim property law?Can her cousins or father's brother claim on his father's property?

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
It is like following, please read:
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Under the Muslim law, there are three classes of heirs
• SHARERS, they are entitled to a prescribed share of the inheritance. In case of a man’s property, his wife/wives are the sharers of his property. The wife is allowed to inherit a fixed share from the property of the husband which is 1/6th of the total share.
• RESIDUARIES, who do not have any prescribed share in the inherited property but they are eligible to inherit whatever is left after giving away the part of sharers. The children, both sons and daughters, are the residuaries in the father’s property. A daughter is allowed to take her share in the partitioned property irrespective of her marital status. They are to distribute the remaining 5/6th part of the property among themselves. The share of the son and the daughter are in the ratio of 2:1. The son is entitled to double the amount of property than the daughter.
• DISTANT KINDRED, are all those people who are related to blood to the property owner but do not fall into the category of sharer or residuary. There right is not ipso-facto present on the property, but needs to be proved.

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ARSHAD ALI ZAIDI ADVOCATE

Responded 4 years ago

A.Yes, Please check properti paper, water bill, house tax, electricity bill etc.
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