Property share
2 weeks ago
My grandfather had died He has been survived by his wife , two sons and two daughters out of which one daughter had died . Would her daughter get property shares or not
We are muslims , in state of West bengal
A.Dear Client,
Yes, according to Muslim law, the deceased daughter is also entitled to the shares of the property. However, in presence of sons, the share of daughters is half of that of the sons. Further, the property of the deceased person can be devolved upon the heirs only after fulfilling the primary duties of the deceased such as his funeral expenses, debts, wages, etc.
Hope this helps.
Thank you.
Yes, according to Muslim law, the deceased daughter is also entitled to the shares of the property. However, in presence of sons, the share of daughters is half of that of the sons. Further, the property of the deceased person can be devolved upon the heirs only after fulfilling the primary duties of the deceased such as his funeral expenses, debts, wages, etc.
Hope this helps.
Thank you.
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A.Dear Sir,
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.
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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