Observation-3

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 mother will get 1/3 of residue.  

B. The share of Wife will be 1/4 if there is :

1. No Child 

2. Child of Son

The wife will get 1/8 if there is child or child of son.

This is to say, in absence of children,  the share of Wife will be 1/4 whereas in presence of children,  the share of wife will be 1/8 and if there are more than one wife, the 1/8 th property will be distributed among them equally. 

C. 1. The share of father of deceased will be 1/6 if there are son and daughter of deceased. 

2. The share of father will be 1/6 plus residue if there are only daughters and no son to the deceased. 

3. If there is no children(Son and daughter )to the deceased, the father will be converted into the residuaries and take the entire residue. 

Now , the property will be distributed among children.

1.The daughter will get 1/2 if there is only one daughter and no son is there.

2. The daughter share will be 2/3 if there are two or more daughters and no son is there . This 2/3 share will be equally divided among the daughters.

3. The presence of son will convert the daughter into residuaries .

But there is no daughter here ,so the rest of property will be distributed equally among all sons. Since there are total seven sons, so the property will be distributed equally among seven sons following the doctrine of AUL and the doctrine of radd. 



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