Mothers property share in muslim personal law india
Mohamed Ali
(Querist) 12 November 2014
This query is : Resolved
My father's inherited property we have partitioned after his death as me and my sister and my mother. Now my mother has died. 1) So how will be the share for me and my sister of my mothers share of land as per indian muslim personal law? We only two children. 2) If my sister didn't like to share as per the muslim law then i have to give her the share according to the indian civil code? Or she will have to follow the sharia compulsory?
Mohamed Ali KM
Anirudh
(Expert) 12 November 2014
One cannot select the law according to situation.
In your case, Muslim personal law will be applicable.
According to it, the son will get twice of what a daughter will get. Conversely, the daughter will get half of what the son gets it.
In the fact situation given by you, the son will get2/3rd while the daughter will get 1/3rd share in the property left behind by your mother.
Dr J C Vashista
(Expert) 12 November 2014
Very well advised by expert Mr. Anirudh, I fully agree and appreciate.
ajay sethi
(Expert) 12 November 2014
agree with MR Anirudh
V R SHROFF
(Expert) 12 November 2014
well advised by expert Mr. Anirudh
T. Kalaiselvan, Advocate
(Expert) 16 November 2014
Right proposition of partition as per Muslim personal law of inheritance is 2 is to one of male legal heirs to female legal heirs, which has been properly explained and advised by expert Mr. Anirudh.
