Observation-2 :

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 law. Whether it is self acquired property or  inherited property,  the person will get the right only after the death of predecessor. There is no right by birth on property.

4. Heritable Property: Under Muslim law, the property is always heritable and will be transferred from one generation to another generation.

Conclusion: Even if the property is ancestral property, the deceased will get the property of his share only and his son will get the propery of his share. If the deceased has more share on the property,  his son will also get high share. So, it would be wrong to say that since it is an ancestral property, so the son of deceased can get more share on the property under muslim law.

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