Property inheritance wrt wife and daughters
syed jalal akbar
(Querist) 08 June 2012
This query is : Resolved
sir, my father in law expired 5 yrs ago without writing a will leaving behind his only wife and 2 daughters,who are married and have children, the family stays in own 3 floor building.there is also commercial property that fetches rents.
now the members have decided to get their share of rents and share in property.kindly advise inhertance of each member.both the daughters have children and grand children as well.what is the share to disceased wife...his 2 daughters, two son- in- laws and their chaildren if any....
Anirudh
(Expert) 08 June 2012
Dear Mr. S.J.Akbar,
Before an answer could be provided to your query, you have to indicate the following:
(1) Whether it relates to Shia or Sunni.
(2) Whether your father-in-law's mother/father are alive or not.
M.Sheik Mohammed Ali
(Expert) 08 June 2012
All the Legal heirs share in equal, mother and 2 daughters only.
syed jalal akbar
(Querist) 08 June 2012
.J.Akbar,
Before an answer could be provided to your query, you have to indicate the following:
(1) Whether it relates to Shia or Sunni.
(2) Whether your father-in-law's mother/father are alive or not.
sir w.r.t above we are sunni family and my father in laws mother and father are also expired.
Anirudh
(Expert) 08 June 2012
Dear Mr. S.J.Akbar,
1. As per the rules of Sunni Rules of inheritance, the eligible sharers in this case are the widow, and two daughters.
2. While the widow would get 1/8th share in the property, both the daughters put together will get 2/3rd share in the property. This will still leave a balance of 5/24th share of the property.
3. When there are sharers available (as in the present case), the residue will not pass to any distant kindred, but would rather come back to the sharers. This is called doctrine of 'return' or 'RADD'.
4. It will come back to the sharers in the proportion to their shares.
5. But, the surviving spouse (husband or wife as the case may be - and in this case the widow) will not be entitled to any share from the 'return' or 'RADD', if there are other sharers or even a distant kindred is present.
6. Since in the instant case there are sharers viz., daughters of the deceased are present, the widow will not get anything from the 'return' or 'RADD'.
7. Therefore the remaining balance of 5/24th share in the property will also go equally to the daughters of the deceased are entitled to get a share from the 'return' / 'RADD'.
8. If the complete calculation is made, ultimately the widow and two daughters will get their share as under:
widow = 1/8th
daughters = 7/16 each.
(in other words widow = 2/16, daughters = 7/16 each = therefore total = 16/16=1).
syed jalal akbar
(Querist) 08 June 2012
sir,
w.r.t sunni muslim property inheritance pl advise me the ratio of share if any that goes to children of (only) two daughters of the desceased ..like grand son and grand daughters. also what share do the son -in -laws take..pl give ur valuable advise sir thanking you ,
with regards
syed jalal akbar
(Querist) 08 June 2012
sir,iam extremely thank full for your response..further..
w.r.t sunni muslim property inheritance pl advise me the ratio of share if any that goes to children of (only) two daughters of the desceased ..like grand son and grand daughters. also what share do the son -in -laws take..pl give ur valuable advise sir thanking you ,
with regards
Anirudh
(Expert) 08 June 2012
In the instant case, except the above three persons i.e. widow and two daughters, nobody else will get any share.
