Q: How is the ancestral property divided in accordance with Muslim Personal Law ?
Ans: According to Hindu Succession Act, 1956 all the children will have same right in ancestral property but according to Muslim Personal Law, the provision is different. Let us understand with the given below illustration:
Illustration: Suppose A is son of B and A has two wives C and D. C has one child E and D has one child i.e., F.
A conducted his third marriage from G and after marriage with G, A died. After the death of A , G gave birth to H, a male child.
Now, according to Muslim personal law, the H will not have the right on property because H will get the right from his father and not from his mother in ancestral property but A died before the birth of H, thus H will not have the right in ancestral property and only those children that were present when A was alive will have the right in the ancestral property.
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