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There are two broad schools of Muslim in India as follows: i. Sunni ii. Shia. The main point of differences between the two is that Sunni rules only count those relatives as heirs whose relation to the deceased person is through a male- son’s son and father’s mother. Click here to know more from Family Court Lawyer in Lucknow.
Shias include even those persons as heirs who are related to the deceased through a female e.g. daughter’s son, daughter’s daughter. A woman has certain rights to property in inheritance, maintenance, and Mahr. She is entitled to inherit property as a daughter, Widow, Grandmother, Mother, and Son’s daughter.
· Islamic Principles of succession were propounded by the Prophet:
- The husband and the wife, being equal, are entitled to inherit from each other.
- Some near females and cognates are also recognized and enumerated as heirs.
- The parents and certain other ascendants are made heirs even where there are descendants.
- The newly created heirs (those who were not entitled to inherit under customary law) are given specific shares. They are called sharer.
- The newly created heirs inherit the specified shares along with customary heirs, and not to their exclusion. The share of a daughter is half of Son’s share.
- Dower or Mahr:
- It is the sum of money or other property which the wife is entitled to get from the husband on marriage. It is an integral part of marriage.
- It can be fixed before or at the time of marriage.
- There are two kinds of Mahr i.e., Prompt and Deferred.
- Prompt Mahr is payable to the Wife Immediately on Marriage.
- Deferred mahr is to be given to the wife when the specific event happens or when her marriage has ended- either by the death of her husband or by divorce.
- A wife can even go to the Court if her Mahr is not paid by the husband. She can also refuse Conjugal Rights.
- If the wife is staying separately from her husband on account of the nonpayment of Prompt Mahr, he is bound to maintain her.
- In case of the husband’s death, the wife will get her Mahr out of her husband’s property. This is called the right of retention.
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- Will or wasiyat:
A Muslim can bequeath 1/3rd of the total property but in case a woman has no blood relation and her husband would be the only heir, then she can bequest 1/2of the property
- Gift or Hiba:
- When one person gives certain property or thing or money to another who accepts it and the giver gets nothing in return is called Gift or Hiba.
- Any person who is major, a sound mind may make a gift. But the gift must be without any force or fraud. Click here to know more from Best Divorce Lawyer in Lucknow.
- Any person who is major, a sound mind may make a gift. But the gift must be without any force or fraud or coercion or under the influence
- For a valid gift, there shall be a declaration to make the gift, acceptance of a gift, and delivery of possession of the gifted property to done and delivery of possession of the gifted property to do.
- The mother cannot accept the gift on her minor child’s behalf but if there is no father, then by the legal guardian of the Child.
