After the death of her husband, 'A' a Mohammedan widow got her name entered in the Government records as the owner of her husband's property and was mortgaging and selling portions of it, one of the heirs of her husband sued her alliance for his share. Can he succeed? Give reasons for your answers.

Question: After the death of her husband, 'A' a Mohammedan widow got her name entered in the Government records as the owner of her husband's property and was mortgaging and selling portions of it, one of the heirs of her husband sued her alliance for his share. Can he succeed? Give reasons for your answers.

Find the question and answer of Muslim Law only on Legal Bites. [After the death of her husband, 'A' a Mohammedan widow got her name entered in the Government records as the owner of her husband's property and was mortgaging and selling portions of it, one of the heirs of her husband sued her alliance for his share. Can he succeed? Give reasons for your answers.]

Answer

Muslim Law of Inheritance in regards to the devolution of Inheritance suggests that the whole estate of a deceased Mohammedan if he has died intestate, or so much of it as has not been disposed of by Will, if he has left a Will, devolves on his heirs at the moment of his death, and the devolution is not suspended by reason merely of debts being due from the deceased. The heirs succeed to the estate as tenants-in-common in specific shares.

One of several heirs of the deceased Mohammedan, though he may be in possession of the whole estate of the deceased, has no power to alienate the shares of his co-heirs, not even for the purpose of discharging the debts of the deceased. If he sells or mortgages any property in his possession forming part of the estate of the deceased, though it may be for payment of the debts of the deceased, such sale or mortgage operates as a transfer only of his interest in the property. It is not binding on the other heirs or the other creditors of the deceased as held in Abdul Majeeth v. Krishnamachariar, (1917) 40 Mad. 243. The transferor, of course, is, in his turn, entitled to obtain contributions from his co-heirs.

So, yes if the widow is trying to alienate her husband's property without the consent of the other heirs of her husband, the latter has the right to sue for his share in the estate. Considering the legal position under the Muslim Law of Inheritance, the aforesaid heir of the husband can seek remedy against the arbitrary actions of the widow.

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