India is a country where every religion practiced governed by its individual personal laws which also includes the rights of property.However the Muslims in the country do not have codified property rights and are generally governed by either of the two schools of the Muslim personal law i.e. the Hanafi and the Shia. While the Hanafi School recognises only those relatives as an heirs whose relation to the deceased is through a male. This includes son’s son, son’s daughter and father’s mother. On other hand the Shia school, favors no such discrimination which means that heirs who are related to the deceased person through a female are also accepted.

The necessity of re examine to the Muslim personal law
In a recent time public interest litigation (PIL) has been filed for asking amendment in the Muslim personal law on inheritance alleging that the Muslim the women are being discriminated for the sharing in property in comparison to male heir. The petition claimed that the law show that a wife should receive 1/8th of the property of the husband on his death if they have children. Where no children out of that marriage she is entitled to 1/4th of the property and a daughter will receive half of the share of a son. In stark contrast the husband receive 1/4th of the property of wife on her death if they have children. In case there are no children of that marriage he is entitled to receive half the property. A son will receive double the share of the daughter the plea alleged. Further, petition states that this discrimination is based on customary law as well as the statutory law also violated Muslim women’s fundamental right to equality set out under Articles 14, 19, 21 and other related provisions of the Constitution. The plea asserted that article 13 of the Constitution included personal laws including Muslim personal laws.

Property rights of a daughter in Islam :
The rules of inheritance under Muslim law are rather strict. Under Muslim law a son takes double the share of a daughter on the other hand the daughter is the absolute owner of whatever property daughter inherits. If there is no son the daughter gets half a share. It is all legally upon daughter to control, manage and to dispose the property. Daughter is also eligible to receive gifts from those she would inherit from. This is contradictory term because women only can inherit 1/3 of the man’s share but can get gifts without any inconvenience. A daughter can enjoy the right to stay in her parents’ house and seek maintenance till she not gets married. In case of a divorce of a daughter charge for maintenance paid, reverts to her parents after the completion of iddat period. However, in case the woman children are in a position to support her then the responsibility falls on her children.

Property rights of a wife in Islam
In the famous case of Shah Bano the Supreme Court had held that in case of a divorce it is a responsibility of the husband to make fair and reasonable provision for the maintenance of his divorced wife even after separation under Section 3(1Ha) of the Muslim Women (Protection of Rights on Divorce) Act, 1986. This period extends beyond the iddat period as the wife retains control over her goods. After the death of her husband a widow gets the 1/8 share if they have children but she will get 1/4 share if they have no children. If a husband has more than one wife the share may come down to 1/16.

Property rights of a mother in Islam
Under a Muslim law a mother is allowed to inherit from her children if the children are independent. The mother is eligible to inherit 1/6 of her dead child’s property even her son is a father as well. In case of no grandchildren, the mother would get the 1/3 share. Also, where a mother inherits a property from any relation she becomes the complete owner of her share and can dispose share at her own will. The woman cannot give away more than 1/3 share of her property and if her husband is the only heir, she can give 2/3 of the property by will. Also there are other provisions where the law ensures the financial security of a Muslim woman.