Laws Governing Muslim Inheritance In India

Asked in Property

  • *******

    Anantnag

Expert's Answers(3)

  • xxxxx cxxxxx

    Bengaluru, Karnataka
      184 Client Ratings

    Dear Sir, Under Muslim law, the concept of ancestral and self-acquired property is not recognised. As long as the person is alive, the property owned by him is his absolute property and no right of any legal heirs accrues until his death. Upon his demise, the legal heirs become entitled to a definite fraction of the estate of the deceased. Under Muslim law, distribution of property can be made in two ways, i.e. per capita or per strip distribution for sunnis and shias respectively. The quantum of their inheritance would depend upon the branch and the number of persons that belong to the branch.

    May 18, 2021
  • Advocate J L Naagar

    Jalandhar, Punjab
      169 Client Ratings

    There are still question to be determined under Shia and Sunni Law. Which further requires more elucidation in the present question. It will decide the method and extent of inheritance. Please r cast your question as it will enable us to Reply it properly and effectively. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

    May 18, 2021
  • Advocate Anik

    Bengaluru, Karnataka
      66 Client Ratings

    Hi, Testamentary succession and non-testamentary succession are the two types of succession that can occur. The Muslim Personal Law (Shariat) Application Act, 1937, will apply in a non-testamentary succession. If, on the other hand, an individual dies without leaving a valid will, the inheritance will be regulated by the relevant Muslim Shariat Law as it applies to Shias and Sunnis, respectively. Land allocation can be done in one of two ways under Muslim law: per capita or per strip. In the Sunni rule, the per capita distribution method is widely used. The estate left over by the ancestors is distributed equally among the heirs using this form. As a result, each person's share is determined by the number of heirs. The per strip distribution method is recognized in the Shia law. The property is divided among the heirs according to the strip they belong to in this form of property inheritance. As a result, the size of their inheritance is determined by the branch and the number of people who belong to it. If you find this answer helpful, please rate my answer. Thank You.

    May 16, 2021