AI Overview...
- Widow and Child Rights under Muslim Law - The sources indicate that under Muslim personal law, a widow is generally entitled to maintenance and custody of children until certain ages, with specific provisions for guardianship and inheritance rights. For example, the Muslim law grants a mother custody of her minor children until they reach puberty or age seven, respectively (Source: 00800004701). Regarding inheritance, Muslim law recognizes certain classes of heirs, including widows and children, with specific shares allocated based on Islamic jurisprudence. The case of a Muslim widow and her children inheriting property is supported by judicial decisions affirming their rights (Sources: 01500000490, 01900006477).
- Share of Widows and Children in Inheritance - Muslim law permits widows and children to inherit from the deceased. Widows typically receive a specific share, such as one-eighth or one-quarter, depending on other heirs present (Sources: 02100124309, 01500000490). Children, including legitimate and illegitimate, may inherit, with illegitimate children being recognized in certain circumstances, especially if acknowledged by the deceased (Sources: 00200021972, 02100124309, 01900006477). The courts have upheld the inheritance rights of illegitimate children if they are acknowledged as such or lived with the deceased as family (Sources: 01500040357, 02100124309).
- Rights of Widow and Child in Specific Cases - The courts have clarified that a widow's share and child's inheritance depend on the nature of the relationship and acknowledgment. For instance, even children born out of wedlock can inherit if acknowledged by the deceased (Sources: 01500040357, 02100124309). Guardianship and custody are also governed by Muslim law, with mothers typically entitled to custody of young children until puberty (Sources: 00800004701).
- Analysis and Conclusion - Under Muslim law, widows and children, including illegitimate children acknowledged by the deceased, are entitled to inheritance shares. The legal framework recognizes their rights, with courts affirming inheritance for children born out of wedlock if acknowledged. Guardianship and custody are also protected, with mothers generally favored until the child reaches a certain age. Therefore, both widows and children have recognized entitlements in Muslim personal law, subject to specific conditions and judicial interpretations.
References: - 02100124309
- 00200021972
- 01500000490
- 00800004701
- 01900006477
- 01500040357
Search Results for "Can Widow and Child Entitled their Father and Husband Share in Muslim Law"
2016 0 Supreme(Mad) 3955 • India - Madras
TEEKAA RAMAN
fourth defendant is entitled to 6/28th share in suit properties - Plaintiffs father had never created any gift settlement in respect ... to 7/48th share and defendants 1 and 2 are entitled to 14/28th share each and third defendant is entitled to 7/48th share while ... gifts property to his child, the position is peculiar - When a father, who has been given first preference to act as a guardian, ... The plaintiff is....
1977 0 Supreme(AP) 236 • India - Andhra Pradesh
K.RAMACHANDRA RAO
concept of the illegitimate children being members of the family of the putative father in construing the expression major sons ... The petitioners, illegitimate sons of the declarant Veerraju, challenged the finding of the appellate tribunal that they were not entitled ... to any share in the properties of Veerraju during his lifetime. ... It was further observed therein that illegitimate ion of a Sudra, however, is entitled to a share of the inheritance subject to certain conditions mentioned therein....
1995 0 Supreme(AP) 19 • India - Andhra Pradesh
S.V.MARUTHI
The decree for partition was modified to exclude the 1/9th share inherited by the first defendant on the death of his father, and ... , as well as maintenance due to ill-treatment and keeping of a Muslim woman by the first defendant. ... Whether the abandonment, legal cruelly and illtreatment and keeping of a muslim woman by D1 are true? 6. ... Whether the plaintiff is entitled to seek for partition of "a and b" schedule properties and if so, to what share she is entitled#H....
2007 0 Supreme(Ker) 479 • India - Kerala
SASIDHARAN NAMBIAR
Mohammedan Law - Marriage of Hindu and Muslim - Whether void - whether the child born in that relationship ... rights of inheritance between the parties - Hence in the plaint A Schedule property 8th defendant being the widow is entitled to ... is legitimate - Another question raised was whether the child will inherit the estate of the father - Held, She has no case that ... Parakal Hamza (I.L.R. 1988 (1) Kerala 79) has held that marriage of a Hindu female with a #HL_S....
1978 0 Supreme(Pat) 98 • India - Patna
M.P.SINGH
GUARDIANSHIP - MUSLIM LAW - APPOINTMENT OF GUARDIAN - WELFARE OF MINOR - MOTHER'S RIGHT TO CUSTODY - GRANDMOTHER'S APPLICATION ... The minors were Muslims governed by the Hanafi School of Muhammedan Law. ... Under the Muslim personal law a mother is entitled to the custody (Hizanat) of her male child until he has completed the age of seven years and of her female child until she has attained puberty. Puberty is attained at the age o....
2025 Supreme(Online)(CAT) 4102 • India - Central Administrative Tribunal
Manish Garg, J
Family Pension Rules, 1964 are exhaustive and self contained code for purpose of adjudication" (para 6.7); "the two minors are entitled ... to the pension on behalf of their late father; the issue is the disbursement and next friend due to ongoing dispute" (para 6.5); ... related authorities); "the word 'after' shall be interpreted to sub-serve welfare, i.e., in the absence of the father"; "the guardianship ... to be a Muslim lady. ... There is no denial to the fact by the respondents that two minors are entitl....
1989 0 Supreme(J&K) 87 • India - Jammu and Kashmir
A.S.ANAND
Under the Mohammadan Law, a full sister inherits as a sharer if there is no child, child of a son h.l.s. father, true grandfather ... or full brother and she is entitled to 1/2 share (or 2/3 collectively when there are two or more sisters). 2. ... Appellants (widow and daughters of Abdul Gafoor Khan) filed an application beyond 6 months. ... Imtiaz Hussain in his treatise "Muslim Law and Customs" (1989 edition), opines as follows : ....
2016 0 Supreme(Ker) 1322 • India - Kerala
C.K.ABDUL REHIM, A.M.BABU
Law to determine the inheritance rights of a Christian mother and concluded that the petitioner, despite not being entitled to inherit ... The court held that the petitioner, a Christian mother, even if not entitled to inherit the property of her daughter, is a victim ... of Criminal Procedure - Section 2(wa), Indian Succession Act - Sections 32, 33, 34, Hindu Succession Act - Sections 8, 15, 16, Muslim ... Under the muslim personal law there are three classes of heirs. They are the sh....
2018 0 Supreme(Bom) 288 • India - Bombay
MRIDULA BHATKAR
position court have no hesitation to hold that applicant who is admittedly a sister of private respondents - Daughter of late is entitled ... e - Residential flat situated at - It is case of respondent/plaintiff that suit flat and one shop is a property of her deceased father ... to a convert after conversion - However this provision does not disqualify convert himself from succeeding to property of Hindu father ... Son, daughter, widow, mother etc. fall in Class-I Schedule. Suppose a widow embraces Chr....
2008 Supreme(Online)(KER) 20462 • India - High Court of Kerala
C.N. RAMACHANDRAN NAIR, HARUN-UL-RASHID, JJ
Final Decision: The appeal was allowed in part, affirming that the illegitimate children were entitled to inherit and share ... to inherit from him as they lived together as husband and wife and were acknowledged by the deceased. ... The court found that the children born to the deceased during a relationship, though not through a valid marriage, were entitled ... So the statutory provisions and judicial decisions are so clear that under Christian law in India a child does not inclu....
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