Who Is the Legal Heir after Death of a Married Muslim Woman

Muslim does not differentiate between the rights of men and women. After the death of their ancestor, nothing can prevent girls and boys from becoming the legal heirs of hereditary property. There are no preferential tariffs. In the event of the death of her husband, a widow receives one-eighth share (if there are children), but receives one-quarter (if there are no children). If there is more than one woman, the proportion may fall to one-sixteenth. According to Sharia law, accepting or even offering alimony after divorce is not legal. However, the Indian legislature has passed the Muslim Women (Protection of Rights in Case of Divorce) Act, 1986, which provides for the reasonable and equitable provision of child support during the IDDAT period, child support, an additional amount, as well as all real estate donated on or after marriage. Only when a woman transfers her share can her husband, parents or others legitimately claim it. Even if a mother inherits property from a relationship, she becomes the absolute owner of her share and can dispose of it as she pleases. She cannot transfer more than one-third of her property, and if her husband is the sole heir, she can give two-thirds of the assets of her will. After a specific allocation of resources, it is necessary to determine the amount of assets that will be the subject of the inheritance available to the legal heirs. These can be funeral expenses paid in place of past debts, bequests, wills, etc. This remaining asset is defined as an exitable asset after all these payments.

The third level: the paternal uncle and paternal aunt and the maternal uncle and maternal aunt, although they go up (the family tree) and their children, although they go down (the family tree – the next inherits from the deceased, then the next). As long as one of the paternal aunts and uncles and maternal aunts and uncles lives, their children do not inherit. As long as one of their children lives, their children`s children do not inherit. There is an exception, and that is when the deceased has an uncle on the father`s side and a cousin on the father`s and mother`s side. The father`s uncle does not inherit. The property is for the cousin on the side of mother and father. Special rules apply to half-siblings and in-laws. Half-siblings inherit only if there are no siblings or sisters alive at the time of death. Number 957: When a permanent wife dies and leaves no children, her husband inherits half of the property and the others inherit the rest (half).

If she has children from this or another husband, the husband inherits a quarter of the property and the rest is for the remaining heirs. (2) If the net value of the property exceeds five thousand rupees, the widow is entitled to five thousand rupees. He has a charge on the entire estate of this part in the amount of five thousand rupees, plus interest at the rate of 4% per annum from the date of death of the testator until payment. If a Muslim widow has no children, she is entitled to a quarter of her late husband`s property. As mentioned earlier, the exact volume of the inheritance is not determined until after the deceased`s loans have been repaid (if any) and funeral expenses have been covered. According to Hindu law, your karma and janmaswatvad (birth rights) are passed on to your descendants when you die. However, this principle does not appear in Muslim law. The question of inheriting wealth arises only after a person`s death in Islamic law.

Not all children born into Muslim families automatically have property rights from birth. If a living descendant survives the death of the deceased ancestor, he or she is considered the legal heir. He is therefore entitled to part of the testator`s estate. There is no inheritance or share of property if the apparent heir dies before the ancestor. Damodar v.Shahjadi A.I.R. 1989 Bom 1- In particular, it was found that if a person whose sole heiress was his widow had bequeathed all his property to a foreigner, the court confirmed his will after having allocated to the widow his share of 1/4 of his estate as an inheritance. For inheritance purposes, a man who marries under the Special Marriage Act of 1954 ceases to be a Muslim. When such a Muslim dies, his property does not pass to his heirs under Islamic inheritance law.

In such cases, the Indian Inheritance Act 1925 governs inheritance and the Muslim Inheritance Act does not apply. The principle of the Hindu law on the inheritance of Janmaswatvad has no place in the Muslim law of inheritance. The question of inheritance of property under Muslim law arises only after the death of a person. Any child born into a Muslim family does not receive any property rights at birth. In fact, none of these people become legal heirs and therefore have no rights until the time of the ancestor`s death. If an heir lives after the death of the ancestor, he becomes the legal heir and is therefore entitled to a share of the property. However, if the heir apparent does not leave his ancestors, there is no right of inheritance or property. Muslim inheritance law is a superstructure built on the basis of pre-Islamic customary law. Moreover, the concepts of birthright and survival among the Mitakshara school of a Hindu are not perceived in Muslim law. The Islamic inheritance law also does not distinguish between joint Hindu family property and separate property. Inheritance is the most important way to transfer wealth from one generation to the next. This article aims to address the concept of property rights under Islamic law.

The article also deals with inheritance of property after a person`s death. The Qur`anic law of dowry or more defines their right to property. The husband pays during the marriage (in cash or as property) or promises to pay more. An extra therefore represents the property of a woman and she can use it as she wishes. It is intended for the future security of women and they have the right to demand a reasonable majority. There are also other provisions of the law that guarantee the financial security of a Muslim woman. Islamic law establishes strict and rigid inheritance rules that determine how a Muslim`s estate is divided among his heirs in the event of death. Question 964: If someone deliberately kills his parent unjustly, he does not inherit from them.

However, if his heir accidentally killed him (how he throws a stone in the air and he manages to hit a relative and kill him), in this situation, he does not inherit the blood money (diyah) of his murder (according to caution). If the testator was a Muslim when he created the Wasiyat, but later renounced Islam and practiced an un-Islamic faith, his Wasiyat remains valid. Property rights: Inheritance is not a birthright. Among Muslims, it is believed that there can be no heir to a living person. A will is called a “wasiyat” and can be made for the benefit of anyone, but it must not transfer more than a third of the testator`s property. In addition, the consent of legal heirs would be taken into account. Under Muslim law, inheritance rules are quite strict. A son takes more than twice the share of a daughter, on the other hand, the daughter is the absolute owner of the property she inherits.

If there is no brother, she gets half a share. It is her legal job to manage, control and dispose of it as and when she wishes. Question 954: Heirs who inherit from the testator on the basis of family relations are on three levels: the surplus does not belong to the parents or guardians of a married woman and therefore cannot be inherited by others. A husband can give a property entirely to his wife as an extra. The house or its monetary value is therefore the exclusive property of the woman. If the surplus is not provided by the man, the woman may even refuse marital obligations or even refuse to live together. Also note that in the event that the Wasiyat is made by a Muslim who married under the Special Marriage Act of 1954, the Wasiyat is governed by the provisions of the Indian Succession Act of 1925 and not by the Shariat. As long as the person lives, the property that belongs to him is his absolute property and, until his death, no right of legal heir arises.