muslim women's right to inheritance

Dear Mr. Ahmed,

I thank you very much for your quick and expansive reply. If you could tell me that is it possible for a muslim woman to go to the court and ask it to evoke sharia in her case to get her her legal property rights especially in the case of 'agricultural land'. I am askin you this because, when it comes to their interest many muslim men play the game of switch from Sharia to other laws and vice-a-versa. Also I hope the laws do not differ from state to state or for Sunni and Shias. Our case is that of UP and a Sunni family. Another question is that would it change any thing if the woman's children have married non muslims and this is the pretext on which she is being denied her right.

Thanks and warm regards

Tabassum Hasan 

Dear Tabassum Hasan,

THE MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937.ACT No. 26 OF 1937.[7th October, 1937.]
 

1.Short title and extent:

1...................

2.Application of Personal Law to Muslims.-

Notwithstanding any customs or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of Personal Law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religion endowments) the rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law (Shariat).

Muslim personal law applied by regular court system. Four levels of courts: civil courts, District courts in Administrative Sub-divisions of each state, State High Courts in each of the states and the Supreme Court. Courts of first instance in personal status cases are Family Courts, organised under Family Courts Act 1984. These Courts have same jurisdiction as any district or subordinate civil court, thus also have some criminal jurisdiction with relation to maintenance orders.    

Therfore it's sure and exacltly it possible for a muslim woman to go to the court and ask it to evoke sharia in her case to get her legal property rights.

" would it change any thing if the woman's children have married non muslims"  

Your Second Question is not clear, I can reply if you provide some more details. 

My name is Mohiddin , I would like to seek some advice from you regarding my ancestral property. (Paternal Grandfather) I will like to ensure that I follow Islamic sharyat and India law while partition of ancestral property.

We have 800 Sq Yards of property in the name of my father. My father expired with out any will or so.

We are 3 now - My mother, sister and myself. Could be please let me know as to how this 800 should be distributed among us as per law and Islam.

Thank you.

Mohiddin

Dear Sir, 

                I am mohammad vali and i need some advice from you. my mother have three younger brothers and two younger sisters. my grand father ( mother's father ) have some property (80% self owned + 20% ancestral). He has not written any will till now but he want to distribute all the property among his three sons and not at all interested in giving any share to my mother or his two sisters. According to muslim personal law , do my mother have any right to claim share in her fathers property.

actually my grandfather has two wifes. my mother, her younger sister and younger brother are sons and daughters of first wife ( she died when my mother was 10).

two younger brothers and one younger sister are sons and daughters of my grand fathers second wife (alive).

awaiting for your reply.

Thanks & Regards

Mohammad Vali.

Dear Sir,

1.Can muslim parents give away their property in any proportion to their sons and daughters  in their lifetime?

2. Is is fair to give a big property to 1 son and only 1/10 of it to a daughter in the parents lifetime? Can adaughter go to the court  to claim her share?

Please clarify.

Thanks,

sfk

Assalamualaykum Sir.

My query is as follows-

My Maternal Grandfather ( Nana ) has three Childrens - 2 Sons and 1 Daughter.

Now if the Daughter Dies prior to the Maternal Grandfather ( Nana ) then in any case the Children of the Deceased Daughter will get any share in Inheritance?

I mean will the Children of the Dead Daughter have any right in Inheritance or not?

Or will they get the Share of their Mother ( Already Dead ) and then distibute among themselves as per Shariah?

I hope you got my question.

Waiting for your preciuos opinion asap.

May Allah SWT Bless you.

Assalamalekum 

Respected sir,

we are six daughter and three brothers ,our father is alive.our father had 40 acres land from our grand mother and grand father.i.e ancient property.our garnd mother had transfered 24 acres to our two brotheres in her life and she died.and our father transfer 16 acre to one of his son which he also got from our grand father.so among all six daughter we have not got any property.so as per sharia .we six sisters whether having right to claim this ower all property,and whether we are legal heirs of this  ancient property .if yes then by which succession order and which citations.awaiting your reply.

thanking you and jazakallah

Mehrunnisa begum

Dear Meherunisa,

If ther property what you are saying "40 Ac" is an "Ancestral Property" of Your "Grand Father" ;

and if he, Your "Grand Father" , died leaving behind YOU ALL as his legal heir, then "You All" (Your Grand Mother, your Father, Your Brothers, and You Six Sisters) have the rights over 40 Ac, and the property should be distributed as per the shares provided in the Quran and Sharia Law.

Mean while, some more information required, when your Grand Father Died, who were the legal heirs at the time of his death.

Contact the nearby Advocate, and file a civil suit for "Partition" against your Father and brothers.   

Mr. ahmed is correct,

We have property of my maternal grandmother, and according to my uncle, will be distributed after the demise of my grandmother, at present , my mother and grandmother no more, but my mother passed away before two years of the demise of my grandmothe. My uncle who already transfered most of the property to his name, left only old lane of dilapidated house to all his six sisters, in which my mother was the eldermost.  On approaching him for the share of my mother, he denied my mothers share, telling that she is not entaitiled  for any share, because she expired before my grandmother, kindly explain whether, islamic permits this according to the sunni shariat law of india.  your immediate reply will help me.  Thanks.

There is no word like ancestral property or inheritance in Muslim Law. The property vested with a Muslim is treated as of his own and he is free to provide it to any one during his life time. He or she can make will of 1/3 share only.

Dear Sir,

My father has a 1 flat and 1 land ( purchased from own source)  and 1 ancestral house. we are one brother and sister , both married. My brother is a  having a 1 girld child.  My mother is also living.

My question is 1) what is my share in the above properties as per islamic law in our country , India? 2) he has decided to share 90% of above proprty with his son , Can he do the same depriving me of my rights?

Please reply..

thanks in advance.