Muslim Personal Law

In my opinion, the person can not be facilitated with 50 percent share of property due to absence of  following reasons:  5. The children from second wife are not illegitimate.  6. No son of second wife has changed his religion. 

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.

Ans :   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. x

Ans: At some specific places , the daughters are  excluded from inheritance under  local custom or under some specific enactment. For instance, among the Gujars as well as Backkerwals of Kashmir, there is a custom that daughters will not inherit in the presence of any male descendant of the grandfather. Similarly, under the Watan Act, 1886, enforced in Bombay, a daughter is excluded from inheritance in the presence of a paternal uncle.

Case: मै मुस्लिम हू मेरे पिता ने 2 शादी की पहली पत्नी से सिर्फ मै पैदा हुआ ओर दूसरी पत्नी से 6 लडके पैदा हुए पुरखों की प्रॉपर्टी मै से मुझे सिर्फ 7 वा हिस्सा मिल रहा है जबकि मेरे पिता ने दूसरी पत्नी के नाम कुछ प्रॉपर्टी की थी जो उनकी खुद की कमाई की मल्कियत नही है वह भी पुरखों की मल्कियत है उसमें से मुझे कोई हिस्सा नहीं मिल रहा है। मुझे कोई रास्ता बताएं जिसके भरोसे में 50% की हकदारी प्राप्त कर सकूं जिसके भरोसे केस लड़ सकूं अपने कहा था 1955 कानून मुस्लिमों के लिए नहीं है तो कोई तो कानून होगा मेरे लिए जो उम्मीद लेकर आए आप मेरी मदद करे आपकी बहुत मेहरबानी होगी  There are five primary heirs i.e. Father, mother, wife,  son and daughter and the property must be given to all of these heirs. A. The Share of mother will be 1/6 if the children of deceased exist. If there is no children of deceased , the mother will get 1/3 of total shares if none of children, father, wife and collaterals exist and if wife or father  or collateral of deceased exist and deceased has no children, the mo...

Case: मै मुस्लिम हू मेरे पिता ने 2 शादी की पहली पत्नी से सिर्फ मै पैदा हुआ ओर दूसरी पत्नी से 6 लडके पैदा हुए पुरखों की प्रॉपर्टी मै से मुझे सिर्फ 7 वा हिस्सा मिल रहा है जबकि मेरे पिता ने दूसरी पत्नी के नाम कुछ प्रॉपर्टी की थी जो उनकी खुद की कमाई की मल्कियत नही है वह भी पुरखों की मल्कियत है उसमें से मुझे कोई हिस्सा नहीं मिल रहा है। मुझे कोई रास्ता बताएं जिसके भरोसे में 50% की हकदारी प्राप्त कर सकूं जिसके भरोसे केस लड़ सकूं अपने कहा था 1955 कानून मुस्लिमों के लिए नहीं है तो कोई तो कानून होगा मेरे लिए जो उम्मीद लेकर आए आप मेरी मदद करे आपकी बहुत मेहरबानी होगी  Observation 2:  The basic elements of Inheritance under Muslim law are as follows:  1. No concept of joint family:  There is no concept of joint family here and if there are two brothers,  they will be treated as seperate nuclear family. 2.  No concept of family business : Like Hindu Undivided Family in Hindu law. 3. No recognition of right by birth: The father has the highest significance under Muslim la...

Case: मै मुस्लिम हू मेरे पिता ने 2 शादी की पहली पत्नी से सिर्फ मै पैदा हुआ ओर दूसरी पत्नी से 6 लडके पैदा हुए पुरखों की प्रॉपर्टी मै से मुझे सिर्फ 7 वा हिस्सा मिल रहा है जबकि मेरे पिता ने दूसरी पत्नी के नाम कुछ प्रॉपर्टी की थी जो उनकी खुद की कमाई की मल्कियत नही है वह भी पुरखों की मल्कियत है उसमें से मुझे कोई हिस्सा नहीं मिल रहा है। मुझे कोई रास्ता बताएं जिसके भरोसे में 50% की हकदारी प्राप्त कर सकूं जिसके भरोसे केस लड़ सकूं अपने कहा था 1955 कानून मुस्लिमों के लिए नहीं है तो कोई तो कानून होगा मेरे लिए जो उम्मीद लेकर आए आप मेरी मदद करे आपकी बहुत मेहरबानी होगी  Observation 1:  The person is a Muslim, so he will get the property under Muslim Personal law. The son is a residuary under Muslim personal law.  1. He can get 50 percent property if no other brothers and sisters exist.  2. If it is proved that his father died due to his brothers and sisters and they were the cause of the death of his father ,  in such condition  his  brothers and sisters will not be...

Ans: After the division of shares, the total allotted shares are less than 1, and there is no residuary to inherit the residue, then the residue reverts back to the sharers in same proportion of their shares. The only exception to this rule is that the wife or husband is not entitled to receive the return in the presence of an heir. This is the doctrine of radd or doctrine of return. Following is an illustration for better understanding: The mother of the deceased has 1/6 share and the daughter has 1/2 share of the estate. The total is 2/3, which is less than 1. Hence the doctrine of radd will be applied. Step 1: Make a common denominator.  Here the common denominator is 6. Step 2:Decrease the denomination and make it equal to the sum of numerators. So , 1/6 + 3/6 becomes 1/4 +3/4 which is equal to 1.

Ans: Where the husband gets 1/2 share and 2 full sisters get 2/3 share , the total becomes 7/6 which is greater than 1. This means that the doctrine of AUL is to be applied. Step 1: Make a common denominator. So, the common denominator is 6. Step 2: Increase the denominator and make it equal to the sum of numerators.  So , 3/6 + 4/6 changes to 3/7 +4/7 =7/7 = 1. Step 3: Now, the shares are divided proportionately.  The husband will get 3/7 share and the sisters will get 4/7 share collectively.

Ans: The Muslim law of inheritance comprises of a lot a number or fractional parts of unity to various heirs. It may be the condition that the fractions when added together may sometimes be: 1. equal to unity, 2. more than unity, or 3. less than unity. When the sum of fractions is equal to unity, there is no problem. But if it is more  or less than unity, the shares of respective heirs are reduced or increased respectively. The process whereby the shares are reduced is called the Doctrine of AUL (Increase) and the process whereby the shares are increased is called the Doctrine of Radd (Return).

Ans: Hindu law is ruled by Hindu Succession Act, 1956 while Muslim law is governed by the Muslim Shariat Law Act 1937. In Hindus there will be divisions based on the schools. These practices are observed only in the previous years. The two major schools are dayabagha and mitakshara. They followed their respective principles and laws of their own. The principles which are accepted by one group is rejected by the other. The amendment has been introduced in the parliament and it came into effect from the year 1956 and they all together are governed by the Hindu succession act 1956. In Muslims there are many branches which includes Hanafi or Shia, Sunni, Malik’s, shafi, Hannibalic. Out of those schools Sunni and Shia are considered to be the most significant schools.  The 90% of Muslims follow Sunni School. They are governed by the Muslim shariat act 1937.  ➢ The next difference is based on the codification of laws. Codification: The things are arranged in a particular or sta...

Consanguine brother He inherits the whole estate if he is the only heir. In the presence of other heirs who do not exclude him, he receives the residue. Two or more consanguine brothers share the whole estate equally if they are alone or distribute the residue equally when other heirs who do not exclude them are present. Consanguine sister When she is the only heir or in the presence of other heirs who do not exclude her, a single consanguine sister gets ½ of the estate while two or more consanguine sisters inherit 2/3. Consanguine brother(s) and consanguine sister(s) A combination of consanguine brother(s) and consanguine sister(s) distribute the whole estate in a proportion of 2 to 1 when they are the only heirs. In the presence of other heirs who do not exclude them, they receive the residue and share in a ratio of 2 to 1.

Full brother He inherits the whole estate if he is the only heir In the presence of other heirs who do not exclude him, he receives the residue. Two or more full brothers share the whole estate equally if they are the only heirs or distribute the residue equally in the presence of other heirs. Full sister 1/2 of the estate when alone or in the presence of other heirs who do not exclude her. Two or more full sisters share 2/3 of the estate equally if they are the only heirs or in the presence of other heirs who do not exclude them. Full brother(s) and full sister(s) A combination of full brother(s) and full sister(s) share the whole estate in a ratio of 2 to 1 if they are the only heirs. In the presence of other heirs who do not exclude them, they share the residue in the same proportion (i.e. 2:1).

  Uterine brother: He receives 1/6 of the estate when alone or in the presence of other heirs who do not exclude him.  Two or more uterine brothers share 1/3 of the estate equally. Uterine sister:  She is given 1/6 of the estate if she is the only heir or in the presence of other heirs who do not exclude her. Two or more uterine sisters share 1/3 of the estate equally. Uterine brother(s) and sister(s):  A combination of uterine brother(s) and sister(s) share 1/3 of the estate EQUALLY. 

Ans:  There are five primary heirs i.e. Father, mother, wife,  son and daughter. The property will be distributed in residuaries in following way:  1.  The son is included in residuaries and will take all residue if daughter is not present. 2.  If son is not present,  son's son will be the residuary and will take the whole residue after distributing the share to quaranic heirs. 3.If son's son is not present,  son's son's son will be the residuary and will take the whole residue after distributing the share to quaranic heirs.  Then son's son's son's son and so on.  4. If children are not present, father will take the entire residue.  5. In absence of father, true grandfather will take the entire residue. 6. If no ancendent and descendent, the male collateral i.e full brother will take the entire residue if female collateral i.e full sister is not present.  7. If full brother and full sister are not present, the consang...

Ans:Sharers or Quaranic heirs or Dhil Furoodh,  Residuaries or Asbah, Distant Kindred or Dhil irhaam are related heirs. In unrelated heirs, Successor by contract , Acknowledged Kinsmen and Universal legatee will be included. Successor by contract means if a person before gets deceased says to another person that if another person bears the expenses of his treatment,  he will give his 1/3 property to him. It is Successor by Contract. Acknowledged Kinsmen means if a person before getting deceased acknowledges that another person has the relationship with the deceased person, it is acknowledged Kinsmen. If a person before getting deceased makes a will in favour of another person,  he will be the universal legatee.

 Ans: The shares will be changed from where the sex gets changed. 

Ans: Suppose the deceased has one daughter and the daughter has one son and two daughters.  The daughter of deceased has also been expired. So, the property will be distributed as per rules i.e., twice the property will be given to son as compared to daughter. 

Ans: Let us suppose a deceased has a son and a daughter. The son also has the daughter and son's daughter also has the son. The daughter of deceased has one daughter and the daughter's daughter's has one son.  So, the son's daughter's son will get the share because the descendents of sharers and residuaries will be preferred to the descendents of distant kindred. 

Ans: If a heir is not a part of family tree, the nearer in degree excludes the remorter.   Let us suppose a deceased has daughter and son.  Both daughter and son have been expired.  The daughter has one son and son has one daughter.  The daughter of son also gets expired but the daughter of son has one son.  The nearer will be daughter's son and not son's daughter's son even if son's son's son is a part of family tree and will not be excluded.