property india indian-constitutional-law religious-law agriculture
Can a Muslim widow claim from her late father-in-law&#39;s estate when her husband dies before him?
<p>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?</p>
<p>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 &quot;<em>you and your daughter will not get any property according to Islamic law in India</em>&quot; and &quot;<em>the Islamic scholars told you and your daughter have no rights to claims the property</em>.&quot;</p>
<p>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.</p>
<p>Should the widow and her daughter seek legal advice?</p>

<p>I think it is not possible to answer the question as is, but <a href="https://districts.ecourts.gov.in/sites/default/files/jcj%20palakondawrkshp1.pdf" rel="noreferrer">this document</a> 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.</p>
<p>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.</p>

<p>The scholars may be correct.</p>
<p>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 <em>wasiyat</em>, the widow is not one of his heirs so she is not eligible to inherit.</p>
