Intestate deceased on female govd by shia mohd law
Querist :
Anonymous
(Querist) 03 December 2011
This query is : Resolved
I have posted this query earlier but unfortunately it has skipped ld. friends for reply
A shia Mahomedan female without any issue died intestate whereby all assets of the deceased goes to the husband and other heirs.
The husband's share gets raised from 25% to 50% (in view of no Issues) and balance rolls back to deceased's father side heirs which includes mother, father and if deceased, brother sisters (according to mahomedan law).
The deceased muslim lady was working in Semi-government organization and estates of single name such as 2 flats, leave encashment, provident fund, gratuity and pension all need to be collectively ascertained and divided towards 50% to the husband and balance to the other heirs.
The husband's advocate is contesting the pension, gratuity and provident fund assets to solely belong to him as per act and rules, the questions arises is that whether the pension, gratuity and provident fund form part of the estate of deceased or are to be dealt independently, but Muslim personal law says otherwise. Which would prevail, and any judgment of the supreme court or High Court will be much appreciated.
The same problem said in a nut-shell would be whether the other heirs excluding husband would have right over gratuity, pension and provident fund amounts of the deceased wherein the husband has encashed the amounts by virtue of a nomination in those accounts.
Will personal law prevail over sub-laws of gratuity/pension/ provident funds in case of a Muslim deceased dying intestate?
Khaleel Ahmed Mohammed
(Expert) 03 December 2011
There is no difference in Mohammadan Law regarding the succession and partition of the immovable or movable properties left by either Shia Muslim or Sunni Muslim. Here , the property left by the deceased, to be divided after the payment of the burial expenditure of the deceased and all her debts , according to the Shariath law.
The question of gratuity and other monetary benefits through the employer will be subject to the nomination of deceased.About pension, it is purely family pension, the husband of the deceased will get the total pension.No other heir have no rights over family pension.
Shonee Kapoor
(Expert) 05 December 2011
Agreed with Ld. Khaleel Ahmad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 06 December 2011
I too agreed with Ld. Khaleel Ahmad.
