Mohammedan Law of Inheritance
Masood
(Querist) 17 August 2008
This query is : Resolved
My unlce who passed away without leaving a will Behind, and has one daughter. He also has 5 sisters who have claimed thier shares as there is no will as residuaries. Out of these 5 sister 3 sisters are foreigners, two British and One Canadain. Does a Foreign national have any right on my uncles property. Thank you.
Srinivas.B.S.S.T
(Expert) 18 August 2008
As far as my knowledge is concerned no.
SANJAY DIXIT
(Expert) 18 August 2008
Good querry on the point law, it is to be open.
KamalNayanSaxena
(Expert) 23 August 2008
Unlike Hindu Law, estate of a deceased Mohamedan if he has died intestate, devolves on his heirs at the moment of his death. Under the Mohamedan Law, birthright is not recognised. The right of an heir apparent or presumptive comes into existence for the first time on the death of the ancestor, and he is not entitled until then to any interest in the property to which he would succeed as an heir if he survived the ancestor."
