Muslim women Property Rights

Legal Aspects of the Properties
Right to property:
Right to property Men and woman both have a right to property Every woman has a right to acquire and hold property for herself in her own names If a woman has any property, she can do whatever she wants with it A woman has a right to receive her earnings herself and keep them or spend them as she wants A woman has every right to buy or sell property the same way as men have.

Muslim women’s Property Rights:
Muslim women’s Property Rights. There are two broad schools of Muslim Law in India-Hanafi & Shia. Are there any difference between Sunni and Shia law of Inheritance? Hanfi rules only count those relatives as heirs whose relation to the deceased person is through a male-son’s daughters, son’s son and father’s mother. Shia include even those persons as heirs who are related to the deceased through a female eg. Daughter’s son, daughter’s daughter.

Succession & Inheritance A few general rules of inheritance are:
If all the heirs claiming property are equally near in relation to the deceased they all have an equal right in property A male takes double the share of a female If one is related to the deceased through another, one does not inherit as long as that person is alive A nearer heir excludes the remoter one.

A woman has certain rights to property in inheritance, maintenance and Mahr. She is entitled to inherit property as: Daughter Widow Grandmother Mother Son’s daughter.

Property division: relationship & number of the heir: Property division: relationship & number of the heir Widow Share in her husband’s property Will get 1/8th share (when there are children) Will get 1/4th share (when there are no children) Share of two/more widows Together will get 1/8th share (when there are children) Together will get 1/4th share (when there are no children.

Daughter Share in father’s property Share of half (when has no brother) Half of whatever share the brother gets A man takes double the share of a female Mother Share in son’s property Will get 1/3rd share of her son’s property (when there are no children) Will get 1/6th share of her son’s property (when there are children).

Grandmother Share in her grandson’s property Maternal grandmother will get 1/6th share (only if there is no mother or grandfather) Paternal grandmother gets a share of the total property (only if there is no mother or grandfather).

Dower or Maher:
Dower or Maher Dower. A sum of money or some other property which the wife is entitled to get from the husband on marriage. It can be fixed at any time before marriage or at the time of marriage. Two types of Maher Prompt: amount given to the wife immediately on marriage Deferred: amount given to the wife when her marriage has ended- either by death of her husband or by divorce.

Will or Wasiyat:
The bequest of property (or money) after one’s death to a particular person. How much of his/her property can a Muslim bequeath? A Muslim cannot bequeath more than 1/3rd of his total property (but if a woman has no blood relations & her husband would be the only heir, then she can WILL 2/3rd of her property in his favour) This amount is calculated after the funeral costs and debts have been paid.

Gift or Hiba:
Gift or Hiba When a certain property or thing or money is given by one person to another person who accepts it. Hiba is made without the giver getting anything in return. All types of property may be given as a gift. For a gift to be valid, there must be: Declaration of the wish to make the gift Acceptance of the gift Giving of the gift to the other person.

A Muslim’s WILL can be written or oral. There is no specific form for it but the intention of making a WILL must be clear from it. It is better to make a WILL in writing. A Will can be written on an ordinary paper.

Christian laws of succession:
Christian laws of succession The Christian succession laws were codified by the Indian Succession Act of 1865, and later by the Indian Succession Act, 1925. Widow and Children – Widow/widower will receive 1/3rd of the estate Sons/daughters will share the rest of the estate equally. If there is no lineal descendent, ½ of the property shall go to the widow/widower and the other ½ will go to those who are kindred (directly related by blood through a lawful marriage) to him/her.

If has no lineal descendants or kindred, the entire property shall revolve upon the widow/widower. If there is no lineal descendant and the value of the property is less than Rs. 5000/- the property shall devolve upon the widow/widower.

Regarding the shares of predeceased, both the boys and girls are entitled to equal share. If a son/daughter has pre-deceased, then his/her children will succeed to the share of the father/mother which would have succeeded to have been alive.