How is property distributed Islamically?
I am a Muslim. My maternal aunt has an adopted son with no paperwork, and she is the second wife of her husband. In total, there are three sisters, and only my mother on the entire maternal side has two children, i.e., me and my sister. How, according to Islamic law, will her property be distributed?
According to Islamic Inheritance Law (Sharia), in this scenario: The maternal aunt's property will be distributed among her husband, the adopted son (who will not inherit as per Islamic law), and her three biological sisters. Your mother and her sister will each receive one-third of the property, with the husband receiving his prescribed share. The adopted son will not be considered a legal heir for inheritance purposes.
According to Islamic law in India (as per Muslim Personal Law), since your aunt has an adopted child without legal documentation, they cannot inherit as adoption is not recognized for inheritance purposes in Islamic law. The property would be distributed among her legal heirs - primarily her husband would receive 1/4th of her property (as there are no biological children), and the remaining 3/4th would be divided among her blood relatives (sisters including your mother) in equal shares, unless she has made a specific wasiyat (will) designating up to 1/3rd of her property to others.
Sir, the property of your maternal aunt would be divided according to Islamic inheritance rules with the primary heirs being her husband and biological daughters. Since her adopted son is not considered a legal heir under Islamic law so he would not automatically inherit unless your aunt specifically mentions him in a will. It is advised to consult an expert lawyer who will assist you with specific circumstances and local laws. For further legal assistance contact us on our helpline number.
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