Son’s Right of inheritance under Muslim Law.

Under Muslim personal law in India, the right of inheritance for a son is governed by the principles of Islamic law, as interpreted by various schools of thought. The specific rules of inheritance are derived from the Quran, the Hadith (sayings and actions of Prophet Muhammad), and legal opinions of Islamic scholars.

According to Islamic law, the son is considered an heir and has a right to inherit from his deceased parents. The son’s share of inheritance depends on various factors such as the presence of other heirs, the type of property being inherited, and the specific school of thought followed by the family.

The two primary schools of thought in Sunni Islam regarding inheritance are Hanafi and Shafi’i. The Hanafi school of thought is prevalent among Indian Muslims and provides a framework for calculating shares in inheritance. The Shafi’i school of thought is followed by a smaller section of the Muslim population.

Under the Hanafi school, the son’s share of inheritance is determined as follows:

  1. If the deceased has a surviving spouse, sons, and daughters:
    • The son’s share is 2/3 of the remaining estate after fulfilling certain shares prescribed for other heirs.
    • The daughter’s share is 1/3 of the remaining estate.
    • The surviving spouse may receive a share depending on the presence of other heirs.
  2. If the deceased has no surviving spouse but has sons and daughters:
    • The son’s share is 2/3 of the entire estate.
    • The daughter’s share is 1/3 of the entire estate.
  3. If the deceased has no surviving spouse, sons, or daughters:
    • The son’s share is the entire estate.

It’s important to note that these rules are subject to specific conditions, such as the exclusion of illegitimate children and the reduction of shares if there are other close relatives involved.

It is advisable to consult with a qualified Islamic scholar or a legal expert well-versed in Muslim personal law for precise guidance on the inheritance rights of a son under specific circumstances, as interpretations may vary within the Muslim community.

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