Inheritance n Succession in Mohammadan Law
Mohammed Raza
(Querist) 07 July 2011
This query is : Resolved
A Muslim lady "X" died in 1988 n left a property (Land)behind her. The property was gifted by her mother n registered in her name. This property was neither purchased by her husband nor inherited from her husband's family. She has left (5) heirs behind her in the above property.
(1)Her Husband "Y"
(2)Her Elder Son "A"
(3)Her Elder Daughter "C"
(4)Her Younger Son "B"
(5)Her Younger Daughter "D"
"A" died in 1987
"D" died in 1990
"Y" died in 2002
"C" and "B" are alive now n claiming their share in this property as per Mohammedan Law in indian jurisdiction.
The questions I have are -
a) "A" the Elder Son dies BEFORE "X" n "Y". Does the A's wife n children are entitle to get their father's share in the above property which has left by "X"?
b) What would be the share of
"A" "B" "C" "D" in the above said property as per MOhammedan Law?
As per my knowledge in Mohammedan Law if a son died before their parents (Father & Mother)his wife N children not entitle to get share in property. Is it correct?
No partitioning has yet been done.
The situation relates to a Muslim family in India.
R.Ramachandran
(Expert) 07 July 2011
Whenever you talk about Muslim inheritance, you should without fail indicate whether it relates to Sunni or Shia law. The law of inheritance varies between these two. Therefore without this basic particulars, it will not be possible to answer the query.
Mohammed Raza
(Querist) 08 July 2011
Dear Sir,
The above question relates to a Sunni Muslim Family.
If possible give me any court's ruling reference in this regards.
Thank You Very Much Sir.
