Inheritance Muslim law in India

 The Muslim law of succession has been derived from the rules found in the 

Quran. There belonged to property of deceased, four successive duties to be 

performed by the Qazi;- 

1. His funeral ceremony and burial without superfluity of expense yet 

without deficiency. 

2. The discharge of his just debts from the whole of his remaining effects. 

3. The payment of his legacies out of a third of what remains after his debts 

is paid. 

4. The distribution of the residue amongst his successors. 

Muslim male cannot will a way more than 1/3 of the estate i.e. 2/3 of the 


property must be divided among the family members in the shares laid down in 

the Shariat Act 1937. 

1. A Muslim wife cannot be dispossessed. 

2. Even though she has to share with other wives if there is more than one 

wife. 

3. The widow gets a definite share. 

4. Mohammedan law gives the male heirs, the sons, twice the share of the 

daughters. 

 As regards, the administration of the estate of a deceased person the 

Muslim law has been superseded in India by the Indian succession Act 1925, and 

such administration is carried out by the executor or administrators under the 

provision’s of the Act. But it is worthy to note that the provision’s of the Indian 

Succession Act prevail so far the claim to the property is concerned even if they 

come in conflict with the Mohammedan law.

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