Navigating Muslim personal law, inheritance, estate plan

Inheritance laws override nomination under personal law, but trusts and gifts offer a way out

- Aprajita Sharma

When tragedy strikes, the complexities of inheritance laws add another layer of hardship. This unexpected reality, often rooted in religious laws, underscores the importance of estate planning.

For instance, a young Muslim widow may be left with just a fraction of her husband's estate under Muslim inheritance law (Muslim Personal Law (Shariat) Application Act, 1937). Even if she had been named as the nominee of the deceased, she would receive just a quarter of her husband's wealth if she had no children—and much less if she had, with the rest going to his parents or siblings or even distant relatives.

Misconceptions

Under Muslim personal law, a widow would receive 25% of her husband's estate if they had no children, and the remainder would be distributed among his parents. If his parents have passed away, the remainder of her husband's estate would be allocated to his siblings or other relatives.

If the couple had children, the widow's share would be halved to 12.5% of her husband's estate, and the rest would be allocated to the children and her husband's parents. This reality comes as a shock as many families assume that a nominee would inherit the entire estate. In truth, inheritance laws override any nomination.

If the wife had died, her husband, under Muslim personal law, would inherit 50% of her estate if the couple didn't have children. If they had children, his share would shrink to 25%.

Impact on parents

Let's take the example of a Muslim male who is unmarried or widowed and without children. If he dies, his estate would be allotted to his parents, but his mother would receive only a one-third share. If his father had passed away, his mother would still receive only a one-third share, with the remaining two-thirds going to relatives.