They are also called Distant kindred i. Doctrine of Representation finds its recognition in the Roman, English and Hindu laws of inheritance. Since there is no such distinction between different kinds of properties, therefore, on the event of death of a person, every such property which was within the ambit of ownership of the deceased person shall become a subject matter of inheritance. The Sharers The sharers or Ashabul-faraiz are altogether twelve in number - four males and eight females. After the passing of Muslim Personal law Shariat Application Act 1937, Muslim Personal Law applicable in India continued to be uncodified and it was difficult to Courts and Lawyers to find out the correct Shariat law provisions on matters of Personal law.
If, however, the deceased was a foreign citizen then the personal law of his religion or nationality will apply. According to this method, the estate left over by the ancestors gets equally distributed among the heirs. Ownership of Hindu undivided family property is complex. No agricultural land can be acquired by a foreign national or any person resident outside India Each State Government may impose additional restrictions. Special emphasis to property distribution among Hindus, the succession right by birth should be abolished and the Mitakshara coparcenary should be converted into Dayabhaga, which means equal distribution of not only separate or self acquired properties of the diseased male, but also of undivided interests in coparcenary property. For these purposes the Hanafi Law confers some rights on its mother. Properties may be inherited by a child through a natural guardian, that is a father, or in his absence, a mother.
Exclusion is based on two principles. Under Muslim law, while a female heir gets or hopes to get in future an additional money or property as her Mehr and maintenance from her husband, her male counterpart gets none of the two benefits. Accordingly, they argue that there can be no claim through a deceased person in whom no right could have been vested by any possibility. The section is perfectly clear that a person described with reference to his relationship, must be a legitimate relative except when either there is a contrary intimation in the will or that relative being illegitimate has acquired the reputation of being 'such a relative' and there is no legitimate relative to fill in that description. However, trends and statistics have shown that the problem of illegitimate births in the country has been increasing at an alarming rate, hence the above argument to justify the exclusion of illegitimate children from inheriting property of parents cannot be bought and falls flat. In Abdul Hammed Khan vs. What are the laws that apply to the inheritance of heirs from an inter-faith marriage? The Dissolution of Muslim Marriages Act, 1939 deals with the circumstances in which Muslim women can obtain divorce.
Thus came the Indian Succession Law. A childless Muslim widow is entitled to one-fourth of the property of the deceased husband, after meeting his funeral and legal expenses and debts. The Muslim Law of Succession is a combination of four sources i. For example, where a Muslim H marries a widow W having a son from her previous husband, the son is a stepson of H, who is step-father of this son. For the purpose of succession, there is no distinction— a between those who are related to a person deceased through his father, and those who are related to him through his mother; or b between those who are related to a person deceased by the full blood, and those who are related to him by the half blood; or c between those who were actually born in the lifetime of a person deceased, and those who at the date of his death were only conceived in the womb, but who have been subsequently born alive. Failing any Sharers or Residuaries, the next level of relations who would succeed to the estate of a deceased Muslim male or female, are a class of persons known as Distant Kindred.
For a gift to be valid, a declaration of the wish to make the gift must be made which should be accepted by the receiver. Shariath is a complete code dealing all matter of life. Not only that when the flat was bought my father added Rs. Subsequently, upon the death of such heir, his properties are again inherited by his legal heirs, and this process continues. It will not be wrong to say that quite ironically, the reforms introduced by legislation have rather created anomalies and confusion for more than improving the status of illegitimate children which seems to have affected the Hindus, the Muslims and the Christians most of all. However illegitimate children or those with a record of crime committed would not stand eligible.
All are to follow and implement the rules of Islamic inheritance. Thanks in advance anupam gupta July 08, 2010 we are a hindu family my father expired in 2003 and then my mother expired in 2009 without any will i applied to mcd for mutation but they are asking for stamp duty as per some new law if stamp duty is applicable in case of inhetritance i dont have any brother and sisters and i have submitted serviving member certificate for sdm office to mcd. See, my grandfather passed 2 months ago and his only living son my father passed back in 2004. The main achievements of such modern systems was the codification of inheritance laws. If the will is ruled invalid in probate, then inheritance will occur under the laws of intestacy as if a will were never drafted. Each and every property that remains within the ownership of an individual can be inherited by his successors.
This amalgamation of old agnatic customs and led to a number of problems and controversies that Muslim jurists have solved in different ways. P has two sons A and B. From a comparative study of Muslim law and important enactments of general law made during British period, it can be seen that all important provisions of these enactments and Muslim law are one and the same. B has 2 children i. However, it only establishes the legal character of the Will and the executor and in no way decides upon the manner of distribution of the property, and does not even determine whether the property referred to is in existence.
This Act is applicable to intestate and testamentary succession. If some heirs give their consent, the shares of the consenting heirs will be bound and the legacy in excess is payable out of the shares of the consenting heirs. The Courts have been asympathetic to the demand of illegitimate children of maintenance and of a share in the property of their parents. It is mandatory that the testator possesses the capacity to make such a will. The modern accusatorial system of criminal trial is also a contribution of Muslim Law.