Property law of islam
Abdulla K T
(Querist) 28 June 2015
This query is : Resolved
Sir,
I am Abdulla a sunni muslim from Kerala. i had one uncle(Brother of my mother) who hadn't married till death hence he had no children or wife in life.
But he owns some property received as heir ship form his mother(my grand mother).
his family contains 3 members (himself and tow sisters- one is my mother and one elder sister of my mother). My mothers sister has passed away before uncle died. and my mother still alive. Now my question is who are the legal heirs of his property.
and if it belongs to my mother how shall we claim it legally ie by which law or article)
pls reply
regards,
abdulla kt
SUBRAMANIAN C R
(Expert) 28 June 2015
Mohammedan law recognises three kinds of succession - sharers, residuaries and distant kindred. If uncle's father was alive, he would have excluded your mother. Your mother being a sister can be a sharer for 1/2 only and the remaining will go to residuaries or distant kindred as the case may be. See Principles of Mahomedan Law by Mulla. See the table of sharers, residuaries and distant kindred with examples. See which of those relatives of your uncle were alive at the time of his death.One has to see the entire genealogy to give an opinion. regards
Subramanian.
Rajendra K Goyal
(Expert) 05 July 2015
Consult a local lawyer dealing in Mohammadon law and show him the relative documents.
