Each religion practiced in India is governed by its respective personal laws – including property rights. Hindu law is governed by the Hindu Succession Act, 1956. And Muslim law is governed by the Muslim Sharia Law Act of 1937. However, Muslims in the country do not have property rights.
They are one of the two schools of Muslim personal law – Hanafi and Shia. Whereas the Hanafi school only recognizes relatives as heirs who are related to the deceased through a male. This covers the son’s son and son’s daughter, and the father’s mother. Shia schools, on the other hand, favor such discrimination. This means that the heirs, who are related to the deceased through a woman, are also accepted.
In India what are the property rights of a Muslim daughter?
1. In inheritance, the daughter’s share is equal to one half 1/2 of the son’s, keeping in mind the concept that a woman is worth half a male,
2. However, he has always had complete control over this property. It is legally meant to manage, control, and dispose of it according to the desire for life or death.
3. Although she may receive gifts from those from whom she has inherited, there should be no doubt that under Muslim law, the gift is a means of circumventing the inheritance laws of a third of the people. Heritage shares are very strict.
4. Daughters have the right to residents in their parents’ house, as well as the right of maintenance until they get married.
What are the property rights of a Muslim divorced woman in India?
1. A divorced woman, after talaq, is eligible for maintenance for 3 months by her husband until the end of the Iddat period. Post, which gives responsibility for the maintenance to the family of the parents of the women.
2. If a divorced woman has financially independent children, who are in a position to support the mother, then the responsibility rests on them.
In India what are the property rights of a Muslim wife?
1. A widow gets 1/8 th part when there are no children and 1 / 4th share.
- If there is more than one wife, the share of assets can be reduced to 1/16.
2. Islamic law provides financial security to a Muslim woman, on the basis of marriage. As, at the time of marriage, a Muslim wife is entitled to receive total wealth or property from her husband.
- · A Muslim cannot give more than 1 / 3rd of his property, through this the wife can inherit a greater amount when there are no heirs to the property as prescribed by law.
In India what are the property rights of a Muslim mother?
1. A Muslim mother is eligible to receive and receive from her children, provided that they are free.
2. If his deceased son was also a father, he is eligible to get 1 / 6th of his wealth.
3. If you do not have any children of the dead son, he is eligible for 1 / 3rd of the property.
In India what are the property rights of a Muslim grandmother?
1. Under Muslim law, the maternal grandmother is entitled to 1 / 6th of the total wealth,
2. Provided there is no mother or grandfather. On the other hand, Pitrupaksha shares only when there is no father or grandfather.
Other provisions ensure the financial security of Muslim woman
What is Maihar (right) under Muslim law?
1. According to Muslim law, The meaning of Meher is money and the property that a wife has the right to receive from her husband in consideration of their marriage but this consideration is not the same as a civil contract.
2. Dover is an obligation imposed on the husband as a sign of respect for the wife. The main purpose of the dower is to provide his wife for subsistence after the dissolution of her marriage so that the wife is not redundant after the death of the husband to say that his boss is not something or that the divorce can end his marriage.
3. There are 2 types – immediate and deferred. Immediately refers to the amount/property provided to the wife immediately after marriage. In the deferred scenario, the amount/property is awarded to the wife when the marriage ends or the husband’s death.
What is Hiba (gift) under Muslim law in India?
- Under Muslim law, any type of property can be given as a gift.
- For a gift to be valid, a declaration of willingness to make the gift must be accepted by the receiver.
What is a will under Muslim law?
Property rights of Muslim women in India
1. A Muslim cannot give more than 1 / 3rd of his full wealth.
2. If there are no heirs in the property prescribed by law, the wife gets more than the will.
