Property sharing between son and daughter of father's own property
Abs
(Querist) 15 April 2014
This query is : Resolved
Hi I am Abdul(Muslim).
My Father has two children. Me and My Sister.
My Father has his own properties. Two houses in two locations (both are 2 cents). one we are living and another we gave for Rent. We both are married. I am living with my parents. After my father how much share we will get. (My Mother, Me and My sister).
Thanks
T. Kalaiselvan, Advocate
(Expert) 15 April 2014
Inheritance is an integral part of Shariah Law and its application in Islamic society is a mandatory aspect of the divine teaching of Islam. Muslims inherit from each other as stated in the Qur'an: “ لِّلرِّجَالِ نَصيِبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ وَلِلنِّسَاء نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيبًا مَّفْرُوضًا ” {“4:7 There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large - a legal share.“} [An-Nisa 4:7] Hence, for Muslims in India there is a legal share for relatives of the deceased in his estate/property. When a person dies there are four rights that need to be performed his property:
1. Pay his/her funeral and burial expenses
2. Pay his/her debts
3. Execute his Will/bequest (max 1/3 of his/her property)
4. Distribute remainder of his/her estate/property according to Shariah Law
In relation to inheritance, Mohammad said: Narrated Ibn 'Abbas: “The Prophet said, "Give the Fara'id (the shares of the inheritance that are prescribed in the Qur'an) to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased." Thus it can be seen that under Muslim Law no stranger outside the family shall succeed under Shariat Law of Inheritance or Under Quranic Commands.
