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Importance Of Inheritance In India

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INHERITANCE

Inheritance is something that is or may be inherited; property passing at the owner’s death to heir or those entitled to succeed; legacy (will). In India, the inheritance of property is governed by personal laws in case of Hindu and Muslims. In other cases the inheritance may be governed by Indian Succession Act, 1925.
Inheritance under Muslim Law and Gender Inequality
Inheritance is an important branch of the family law of the Muslims. Death of a person brings a transfer of rights to his heirs and representatives. These rights include all rights to property, usufruct, and dependent rights, such as debts and legacies, rights to compensation etc. and the transmissible obligations are those capable of being satisfied out of the estate of the deceased. What is left after the payment of funeral expenses and the discharge of his debts and obligations, and distribution as per will (legacy) is to be distributed according to the law of inheritance.

The canon law of Islam is Shariat and the basic source of Shariat is the Quran. The Quran is not a book of law but is connected with the conduct of law. Till 1937 Muslims in India were governed by customary law which was highly unjust. After the Shariat Act of 1937 Muslims in India came to be governed in their personal matters, including property rights, by Muslim personal law as it “restored” personal law in preference to custom. The Shariat Act deals with the enforcement of the personal law rather than the laws

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