Islam/property inheritence - islamic law in India
QUESTION: My wife and me jointly having some property, we are having only sons no daughters.After us the property on our both the names automatically goes to our sons? or any other relatives like my wifes sisters are eligible for that?
ANSWER: As Salaam Alaikum!
The Almighty Allah ask us to write a will and in the absence of a will if any of the parent's
passes away, the property gets distributed amongs the children, spouse & deceased's parents if
Your in-laws side will not have any right unless you want to help them in case they are in
need, but it is not compelling.
But your wife has to right to give what ever she wants to her relatives from her property &
you dont have a right to question her.
However, the Almighty loves people who are generous in their charity while dealing with the
May the Almighty Allah have mercy on us to forgive our sins and guide us all to the true path
of Islam as per the Koran.
---------- FOLLOW-UP ----------
QUESTION: Salaam, I understood from your answer 1. After us without will automatically my sons will be the heirers for mother and fathers property until unless my wife gives on her own to relatives etc.,.
2. I heard in Islam there is no will system like in Hindus, Is it true?
3. If property is only on mothers name, after her can it goes automatically to the sons(no daughters)?
Wallekum As salaam n Juma Mubarak!
What you heard is wrong the Almighty Allah has clearly mentioned in the Koran about the will.
If no will is made then after the death of the owner the legal rights of the inheritors is mentioned that has to be followed only after clearing all debts.
Am reproducing Koran ayats for your reference below.
The men get a share of what the parents and the relatives leave behind. The women too shall get a share of what the parents and relatives leave behind. Whether it is a small or a large inheritance, (the women must get) a definite share.
During distribution of the inheritances, if relatives, orphans, and needy persons are present, you shall give them therefrom, and treat them kindly.
If No Will Is Left*
God decrees a will for the benefit of your children; the male gets twice the share of the female.* If the inheritors are only women, more than two, they get two-thirds of what is bequeathed. If only one daughter is left, she gets one-half. The parents of the deceased get one-sixth of the inheritance each, if the deceased has left any children. If he left no children, and his parents are the only inheritors, the mother gets one-third. If he has siblings, then the mother gets one-sixth. All this, after fulfilling any will* the deceased has left, and after paying off all debts. When it comes to your parents and your children, you do not know which of them is really the best to you and the most beneficial. This is God's law. God is Omniscient, Most Wise.
You get half of what your wives leave behind, if they had no children. If they had children, you get one-fourth of what they leave. All this, after fulfilling any will they had left, and after paying off all debts. They get one-fourth of what you leave behind, if you had no children. If you had children, they get one-eighth of what you bequeath. All this, after fulfilling any will you had left, and after paying off all debts. If the deceased man or woman was a loner, and leaves two siblings, male or female, each of them gets one-sixth of the inheritance. If there are more siblings, then they equally share one-third of the inheritance. All this, after fulfilling any will, and after paying off all debts, so that no one is hurt. This is a will decreed by God. God is Omniscient.
For each of you, we have designated shares from the inheritance left by the parents and the relatives. Also those related to you through marriage, you shall give them their due share. God witnesses all things.
They consult you; say, "God advises you concerning the single person. If one dies and leaves no children, and he had a sister, she gets half the inheritance. If she dies first, he inherits from her, if she left no children. If there were two sisters, they get two-thirds of the inheritance. If the siblings are men and women, the male gets twice the share of the female." God thus clarifies for you, lest you go astray. God is fully aware of all things.
Hope the above ays clarified all your doubts now.
May the the Almighty Alllah have mercy on us to forgive our sins and guide us all to the true path of Islam as per the Koran for rest of our life.