Muslim Personal Law

In my opinion, the person can not be facilitated with 50 percent share of property due to absence of  following reasons:  4. To understand the rule of Inheritance under Muslim law of Inheritance, let us take an illustration. If there are two brothers and one brother is connected to another brother via father, according to Muslim law of Inheritance if one brother gets expired, the another brother will not get the property of his brother until his father is alive because he was connected to his brother via his father. It is also applicable to other relations. So, even if it is an ancestral property, the person is connected with the ancestral property through his father and he will get the property of deceased only according to the rules of Muslim Personal Law. 

Ans: In my opinion, the person can not be facilitated with 50 percent share of property due to absence of  following reasons:  3.  If second wife is the cause of death of his father, she will not be entitled to get property under both testate and intestate succession.  Under Sunni Law, if the legatee becomes the murderer of legator intentionally or unintentionally, he or she will be disqualified from the Will. Under Shia law, if the legatee becomes the murderer of legatee unintentionally, he will not be disqualified from the Will but if the legatee becomes the murderer of legator intentionally, he  or she will be disqualified from the Will. 

Ans: In my opinion, the person can not be facilitated with 50 percent share of property due to absence of  following reasons:  2. There is not such case of homicide of his father.  Homicide:  A person, who causes the death of another, is disqualified for inheriting the properties of the said deceased. It is a rule of common prudence that law cannot allow a person to derive benefits out of his own wrongs. Under Hanafi law , an heir who causes the death either intentionally or negligently, is a disqualified heir or cannot inherit properties of the deceased. Thus, even if the death is caused due to negligent or accidental act of an heir, the heir is debarred from inheritance. Shia Law: Under the Ithna Asharia law, an heir is excluded from inheritance only where the death is caused intentionally. If the death is caused accidentally or negligently, the Ithna Asharia heir is not debarred from inheritance.

Ans: In my opinion, the person can not be facilitated with 50 percent share of property due to absence of  following reasons:  1. In case any Muslim individual contracts his marriage under the Special Marriage Act, 1954, he ceases to be a Muslim for the purposes of inheritance as well as thus accordingly, after the death of such a Muslim , his or her property does not devolve under Muslim law of inheritance. The inheritance of the properties of such Muslims is governed within the provisions of the Indian Succession Act, 1925. But, here there is no such contract of marriage under Special Marriage Act, 1954, he ceases to be a Muslim for the purposes of inheritance and the property will be inherited under Muslim Personal Law. 

Ans: In case any Muslim individual contracts his marriage under the Special Marriage Act, 1954, he ceases to be a Muslim for the purposes of inheritance as well as thus accordingly, after the death of such a Muslim , his or her property does not devolve under Muslim law of inheritance. The inheritance of the properties of such Muslims is governed within the provisions of the Indian Succession Act, 1925.

Ans: A child in the embryo is regarded as a living person and, as such, the property vests immediately in that child. But, if such a child in the womb is not born alive, the share already vested in it is divested and, it is presumed as if there was no such heir (in the womb) at all.