Muslim inheritance follows fixed shares set down in Shariat—clear rules that determine exactly who inherits and in what proportion. When a loved one passes, or a family disputes an inheritance, Advocate Maryam Fatima helps you establish, protect and recover your rightful share under Muslim law.
B.A. LL.B. · Family Law Advocate
Inheritance · Succession · Wills · Mahr Claims
📞 Call NowMuslim inheritance is governed by Muslim personal law under the Shariat Application Act, 1937. Unlike some other systems, Muslim law prescribes fixed shares for specified relatives—the Quranic or "Sharers" and the "Residuary" heirs—so the entitlement of each heir is generally determinable with certainty once the heirs and the estate (the "corpus") are known.
Fundamental rules include:
Getting the shares right, accounting for all heirs, and establishing the estate are technical tasks—and disputes are common. A succession lawyer ensures the rule of law, not emotion or pressure, decides who receives what.
Close relatives including children, parents, spouse and siblings commonly rank first, with the specific shares depending on who else survives.
For example: a wife may take a fixed portion as a Sharer; daughters and mothers have Quranic shares; residue passes to residuary heirs. The exact fraction depends on the family constellation.
A grandchild whose parent died before the deceased may be excluded in many cases, under the traditional rule that nearer heirs take over remoter ones.
A Muslim may bequeath up to one-third of the estate by will to persons who are not heirs. A bequest to a legal heir, unless consented to by other heirs, is generally not valid without their consent.
Debts, funeral expenses and claims such as unpaid mahr are settled before the estate is divided among heirs.
Where there is no valid will, the entire estate passes by the fixed shares to the heirs in accordance with Muslim law.
A Muslim can dispose of up to one-third of their estate by will (wasiyat). The remaining two-thirds pass to legal heirs by fixed shares. A bequest to a legal heir generally required the consent of the other heirs.
Wills should be drafted carefully to be valid and to reflect the testator's intentions within these boundaries. A poorly drafted will, or a will that purports to override the shares of heirs, can lead to long and bitter disputes.
Advocate Maryam Fatima drafts valid Muslim wills and, where a will or succession is disputed, establishes its validity or challenges it.
After a death, heirs often need a succession certificate to access bank accounts, shares, provident fund and other assets. For immovable property, a court may need to determine the shares of heirs before partitioning.
Where there is a dispute, a suit for partition or a declaration of shares may be necessary. Your lawyer identifies the right procedure from the outset.
A common point of confusion is thinking inheritance works the same for everyone. It doesn't.
Because the two systems differ fundamentally, the same family situation leads to very different results. Engaging a Muslim law specialist ensures the correct rules are applied to your inheritance.
Inheritance disputes are emotionally charged, and they come at a time when a family has already lost someone. Advocate Maryam Fatima brings accuracy and calm to the process—calculating shares correctly, identifying all heirs, and protecting your entitlement under the rules that actually apply.
Understand what you're entitled to under Muslim law and how to secure it, with clear advice in English, Hindi or Urdu.
A Muslim can dispose of up to one-third of the estate by will. The remaining two-thirds pass by law to the heirs in their fixed shares. A bequest to a legal heir generally requires the consent of the other heirs to be effective.
After debts, funeral expenses and claims such as unpaid mahr are paid, the estate is divided among the heirs in the fractional shares fixed by Shariat. The exact fraction each heir receives depends on which heirs survive, so the calculation is made case by case.
Not freely. The one-third limit applies, and only to persons who are not already legal heirs (with consent needed for bequests to heirs). The fixed shares in favour of children and other heirs cannot simply be overridden.
No. Muslim succession follows fixed shares under Shariat with a one-third will limit, while Hindu succession is governed by the Hindu Succession Act, 1956, with different classes of heirs and share rules. Applying the wrong statute leads to wrong results.
A succession certificate is a court-issued document that entitles the holder to receive debts and securities of a deceased person—useful to access bank accounts, shares and provident fund. For immovable property, other procedures may apply. Your lawyer advises which is needed.
Deferred mahr becomes due on the husband's death and is a debt with a charge on the estate, paid before the estate is distributed to heirs. A widow should assert her mahr claim in any succession matter. Learn about mahr.
Whatever the size of the estate, every heir deserves the share the law entitles them to. Get clear, compassionate guidance.