Habeeb Syed (Member) 29 January 2011

Muslim Inheretance Laws in India

Dear Lawyers,

Need some help:

The situation: A friend of mine was having happy life until recently. He spent all his hard earned money to renovate the residential property he was living in (since his birth). Then for some reason xyz he had a fight with his mother and she promptly asked him to leave the house with his wife and kids. As everybody knows this particular house was something she (mother) had got from her father. This guy got nowhere to go with all the money gone and wife and kids to lookafter.....Here we are looking for answers to the following:

Q1. Which property/inheretance laws are applicable in case of muslims living in Maharashtra?

Q2. What is share (if any) of a son in property inhereted by his mother?

This guys father is not alive. Mother doesn't seem to be interested in giving a pie to my friend.

Thanks,

-Habeeb

Reply Follow

6 Replies

AEJAZ AHMED (Legal Consultant/Lawyer) 29 January 2011

For Muslims, no doubt its "Muslim Personal Law"/Quranic Law

Your query needs full details to answer.

Details of Property on whose name it stands after the death of father.

Legal Heirs on death of father.

adv. rajeev ( rajoo ) (practicing advocate) 29 January 2011

It requires details and zeneology of the family.

Habeeb Syed (Member) 31 January 2011

Thanks for the replies. Let me give some more details:

1. The family consists of MOTHER+ 3 DAUGHTERS+ 2 SONS (INCLUDING MY FRIEND) . All married.

2. Mother has a residential property in HER NAME.

3. This particular property she got from HER FATHER (NOT HUSBAND). In other words the property in question is not self earned or husband's.

4. For some reason she doesn't want to give any share to my friend (who happens to be her 4th child).

5. The problem is that my friend has spent his savings amount on renovating the residential property in good faith and now is feeling cheated. In this situation

Q3. What are legal remedies my friend got.

Thanks.

P.K.Haridasan (Advocate) 02 February 2011

Presume that your friend is a Muslim and follower of sunni Hanafi law.

1) There is no difference in property inherited or self acquired.

2) If the document stands in your mother's name it is her property.

3) The legal heirs will inherit the property only after death in Shariat law.

4) Doing improvements on the house will not give any right under his personal law.

5) Your friend may file a civil suit for getting back the money spent by him for improvements.

6) Drag her for a amicable settlement by sending the same for redressal outside the court.

Thanks.

Habeeb Syed (Member) 10 February 2011

Thanks to Adv Haridasan for the clear reply. I just have one more query:

Q4. In the case under consideration, can MOTHER will the residential premises (in question) according to her wishes? in other words, Can she give the property (in question) to her other children and deny my friend a share?

Shakeel (FM) 01 August 2012

she cannot do so for more than 1/3rd value. That means to the extent of 1/3rd she can give to any heir but beyond that it shall be according to sharia principle which will be 2/7 to each son and 1/7 to each daughter.