What is the rule of property division between Hindus and Muslims?
Yesterday, the Supreme Court has taken cognizance of the petition of a Muslim man living in kerala regarding property division. In this petition, it has been asked whether the Muslim community can divide the property under the secular indian Succession Law instead of Sharia without giving up their religious faith.
In this petition, it has also been demanded that the ancestral properties and self-acquired properties of Muslims should be brought under the purview of the secular indian Succession Law. Also, this should not have any effect on their faith. Looking at this matter, let us also know how the property is divided between Hindus and Muslims.
Property division among Muslims
In the Muslim community, property is divided under the Muslim Personal Law application Act 1937 i.e. Sharia. Muslims do not get property rights from the time of birth. According to this law, after the death of the heir of the property, his heirs should perform his last rites, pay off all the debts, then the price of the property or the will is decided. The law in islam says that a Muslim man can give one-third of his property to anyone, while the rest is divided among the family.
Women do not get equal rights
If the will is not written before the death of the heir of the property, then the property is divided according to the rules mentioned in the Quran and Hadith. But the misuse of this law is that women do not get equal rights in the property as compared to men. Understand it like this that a daughter gets half the right in the father's property as compared to a son. If there is a son and a daughter, then two-thirds of the share goes to the son and one-third to the daughter. At the same time, the wife gets only one-fourth share, the children get ⅛th share. If there are more than one wives, then only 1/16th share will be given. At the same time, a mother gets 1/6th share from the property of the dead son.
Division of property among Hindus
Among Hindus, there is usually little dispute regarding the division of property as long as the head of the family is alive. But after the death of the head of the family, it is common that a dispute arises over the property between brothers and sisters in case of claiming. But if the division has already been done, then under the will, the head of the family hands over his property to his children or any loved one of the family. It contains the names of the people to whom the property is to be given.
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