As per the Muslim Personal Law (Shariat) Application Act, 1937, there is no distinction between the rights of men and women, which means, after the death of their ancestor both girl and boy become legal heirs of the inherited property. The amount of the property share of a female heir is entitled to half of that of the male heirs because as per Muslim law, upon marriage a female receives mehr and maintenance from her husband whereas males only have the ancestral property. A Mehr is a woman’s property that she receives from her husband at the time of marriage and can use in whatever way she wants. Mehr does not belong to a woman’s guardian or parents; therefore, this cannot be inherited by others. The quantum of Mehr is dependent upon the husband, he can also give his entire property to his wife as Mehr. The Mehr can be lawfully claimed by the husband, parents, or guardians of a woman if she transfers it on her own will.
Married women
After the death of the husband, a Muslim woman (widow) is entitled to one-fourth of his property, in case she does not have any child. However, a deceased’s wife with children or grandchildren is entitled to one-eighth share of his property. Moreover, if the deceased has more than one wife then the wives are entitled to one-eighth of his property. However, if they have children, then the property share of the wives becomes one-sixteenth each. If a man was ill during the time of marriage and subsequently dies without consummating the marriage then his widow will not have any right to his property. On the contrary, if the ill husband gave a divorce to his wife and dies afterward then that woman has the right to a share in his property until she remarries.
Woman’s right to property after divorce
Under Section 125 of the CrPC, a divorced woman having a minor child can ask for maintenance from her husband until she remarries. According to the Shariat law, after divorce, accepting or offering maintenance is illegal whereas the Muslim Women (Protection of Rights on Divorce) Act, 1986, was passed by the Indian Legislature that provides reasonable maintenance to women within the iddat period, amount of Mehr, and maintenance of a child.
Woman’s right to property over her child’s property
If a woman’s son dies with no children then she is entitled to one-sixth share of her son’s property. However, if the deceased son has any children then her share becomes one-third.
Woman’s right for a child in the womb
A child in a Muslim woman’s womb is a legal heir of the inherited property, if he/she is born alive whereas if the child is not born alive then his/ her share in the property is null and void