Legal heir in muslim law
khyoom
(Querist) 01 November 2013
This query is : Resolved
Sir
Iam sunni muslim . My mother owned a property she expired in 1989. We are 5 bros and 2 sisters all alive. MY father expired in 1988. my eldest sister died in 1982, before my parents death. Will this sister who expired before my parents have any right over the property? Please guide me.
M.Sheik Mohammed Ali
(Expert) 01 November 2013
yes, if she is having child it will go to them. male 2% and female 1% like 2:1
prabhakar singh
(Expert) 01 November 2013
Your mother was the owner of property to whom neither your eldest sister nor your father survived.Your question is if your eldest sister has any right in property of your mother?In my opinion there is no question of her being concerned with her mother's property and even if she has left
behind her children ,they would be called
Dhauil-arham or distant kindred and they inherit only if there are no sharers or residuaries, while in your case 5 bros and 2 sisters all alive are there to exclude Dhauil-arham or distant kindred.
Anirudh
(Expert) 01 November 2013
I fully endorse the views of Mr. Prabhakar Singh.
Since you are 5 brothers and 2 sisters, each of the brothers will get 1/7th share while each of your sisters will get 1/14th share in the property.
Anirudh
(Expert) 01 November 2013
I am sorry, the figure should read as 1/6th for each brother and 1/12th for each sister.
khyoom
(Querist) 01 November 2013
Dear sirs
Thanks very much for the prompt reply . Iam very grateful for the same.
Regards
khyoom
ABDUL RAZIQUE
(Expert) 01 November 2013
yes, if your sister (deceased) leaving behind her any successor, then your sister right will stand in the property of parents.
I am not agree with Ld Prabhakar singh Ji, because the deceased sister child has right in maternal grand mother in Hanfi Sunni law, the Shafiis and Maliki law do not treat as legal heir and successors, whereas you are the follower of Hanfi Sunni Maslak , so your sister's successors has/have absolute right in property as 66.66%:33.33%.
That means your deceased sister heir get share 16.67%app.
prabhakar singh
(Expert) 01 November 2013
My answer was based on Mulla PRINCIPLES OF
MAHOMEDAN LAW (SEVENTH EDITION)N.M.TRIPATHI
pvt.Ltd. section 67 on page 75.
If a celebrated authority like him who is often quoted in judgement of even supreme court, is wrong then i am not to be blamed
since i have no other source of knowledge.
