Muslim law

The detailed rules of succession for each heir in varying circumstances is derived from an amalgamation of the knowledge derived from the above sources. There is no concept of ancestral property or rights by birth in Muslim law. Islam recognises that persons may leave behind a Will, but a Will (unless ratified by all the heirs of the person leaving behind the Will) is valid only to the extent of one-third of the deceased's property. Insofar as it is valid, it is governed by the regular laws applicable to wills in India.

1. A Muslim wife cannot be dispossessed.

2. Even though she has to share with other wives if there is more than one wife.

3. The widow gets a definite share.

4. Mohammedan Law gives the male heirs, the sons, twice the share of the daughters. 

The Muslim law recognises two types of heirs, namely the Sharers and the Residuaries. Sharers are the heirs entitled to a certain share of the property of the deceased, whereas Residuaries only obtain a share if there is any left over after the Sharers have received their share.Legal Process of distribution

Before making a claim to any property left by the deceased, it should be made sure that there are no debts outstanding. All the heirs would have to first agree to chalk out a strategy to clear the debt.

In case, the property is to be distributed among brothers according to the Will left by their father, it is important to make sure there are no ambiguities in the Will and legal advice must be sought while arriving at any kind of settlement. Lack of clarity in the Will can lead to serious legal complications at a later stage, which can be avoided by working in the right direction in the beginning itself.

If there is no Will, then a property can be distributed by way of partition deed or family settlement.

Suit of Partition – A suit of partition can be filed by any or all brothers with respect to the property. A partition deed for a property is executed among different people, usually family members.

Family Settlement procedure – A family settlement is an agreement where family members mutually work out how a property should get distributed among themselves. All the parties should be related to each other and have a claim to a share of the disputed property. 

Family settlement is a conciliation process where a third person, usually a lawyer or a senior family member, helps the family arrive at a mutually acceptable solution to the property dispute.