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Does a Muslim widow (with one daughter) have a valid claim to her husband’s father's property (30 acres of agricultural land in India) in cases where her husband dies first, then her father-in-law dies?

The property was in her father-in-law's name (there is no wasiyat and will) but following his death it is now registered to his two surviving sons (ie her husband's brothers) who have told her that "you and your daughter will not get any property according to Islamic law in India" and "the Islamic scholars told you and your daughter have no rights to claims the property."

On what basis can they say this is according to Islamic law? The widow is 84 years old and has spent her life in this family until now.

Should the widow and her daughter seek legal advice?

ohwilleke
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Mr doubt
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2 Answers2

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I think it is not possible to answer the question as is, but this document from the Indian courts lays out the relevant legal variables. A major split is between Sharers and Residuaries: a Sharers are all related by blood. A secondary split relates to testate vs. intestate succession (was there a will?). There are also special rules for West Bengal, Chennai and Bombay. A widow is generally entitled to a share of her husband's property, but if the husband dies before his father, the husband does not have his father's property. But then, if a Muslim marries under the Special Marriage Act, 1954, they are not treated legally as Muslim for purposes of inheritance.

All told, it is most likely that the widow has no legal claim on the property, but still a person should engage an attorney who can assess the particulars of the case.

user6726
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The scholars may be correct.

The husband died first, so his widow and daughter inherit their % share from his estate. The father-in-law then died, and unless she is a beneficiary in his wasiyat, the widow is not one of his heirs so she is not eligible to inherit.