Who is the heir under muslim law?
Raja Rajan
(Querist) 21 February 2012
This query is : Resolved
I would like to know who will be the heir under Muslim Law. The persons mentioned below belong to Sunni Muslims living in Tamil Nadu.
Mr. A is 75 years-old retired factory worker. His wife Mrs. B is 65 years-old and a housewife. They had a Son and he died at the age of 37 due to cancer. His wife is 28 years-old and their child is now 6 years-old. Son was running a small shop, where Mr. A and Mrs B also assisted, and the earning was just enough for their livelihood. Mr. A owns a house. From their little savings they bought two plots in Son’s name. After his death last month, young widow had gone to her parents’ home with her child on her own wish. During her marriage she brought with her 160 grams of gold which had been pledged in the bank for the Son’s treatment. Mr. A and Mrs B had accepted to return the jewels to the widow. Both the parents are very old and they could not run the shop now and closed it, so they have no income. Son’s uncle and aunts also contributed a lot for the treatment and the parents wish to return them the money, whatever they can.
My question is: Who will be the legal heir for the property - i.e. the house of Mr. A and the plots purchased by the Son. If the old parents wish to sell the plots, can they sell it on their own? What share is to be given to the widow?
Your reply will be very helpful.
Shahjahan
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Raj Kumar Makkad
(Expert) 22 February 2012
In the given case, you cannot sale the properties which stand in the name of your deceased son without the wish and will of his widow. Though you and your wife have also share therein but the share of widow and her minor son is equally involved therein. So if all 4 parties agree then the properties can be sold legally otherwise after your demise, both of them shall inherit your properties in equal shares as per Sharia law.
Rajeev Kumar
(Expert) 22 February 2012
Yes i agree with Makkad
M V Gupta
(Expert) 22 February 2012
As per the Islamic law, there is no concept of Undivided family as is prevelent in Hindu law. A Muslim owning property either by his own earning or inherited, has absolute rights of enjoyment and sale. None of his family members can object to sale effected by him. In the event of death, the property will devolve on the surviving wife or husband. Wife willget 1/8 share. If there are more than one wife all the wives together will get 1/4 share. Parents will get 1/6 share if there are surviving children of the Son; if there are no children the parents are entitled to 1/3 share. In view of the above the father A can dispose of his property during his life time and try to dischrge the amounts borrowed for the sons treatment. But thefather cannot dispose of the sons property as the same would devolve on his wife and children.
