When a Muslim dies in Mumbai, families often divide property “the way it has always been done”, or one brother takes the flat and the sisters are told to wait. Muslim personal law sets clear shares for each heir, and they apply whether the estate is a MHADA flat in Malwani, a shop, savings, gold or land. This guide explains who inherits and how much under Sunni (Hanafi) law, the one-third limit on wills, gifts (hiba), and what heirs need to get property transferred.
Key facts
- Law
- Muslim Personal Law (Shariat) Application Act, 1937: Muslim personal law governs intestate succession
- No birthright
- Nobody has a share while the owner is alive. Shares arise only on death
- Will
- Up to one-third of the estate, after funeral costs and debts. A bequest to an heir needs the other heirs’ consent
- Probate
- Not compulsory. Muslims were always exempt, and Section 213 of the Indian Succession Act was omitted in 2025
- Calculator
- Work out the shares for your family
The order in which the estate is used
- Funeral and burial expenses
- Debts of the deceased, including any unpaid mahr owed to the wife, which is a debt
- Bequests under a will, up to one-third of what remains
- The rest is divided among the heirs in their fixed shares
Who inherits and how much
Heirs fall into two groups. Sharers get a fixed fraction. Residuaries take what is left after the sharers. The most common heirs:
| Heir | Share |
|---|---|
| Wife (shared equally if more than one) | 1/8 if the husband left children; otherwise 1/4 |
| Husband | 1/4 if the wife left children; otherwise 1/2 |
| Sons and daughters | Together take the residue; a son gets twice a daughter’s share |
| Only daughters, no son | One daughter 1/2; two or more share 2/3 |
| Father | 1/6 if there is a son; 1/6 plus the residue if there are only daughters; the residue if there are no children |
| Mother | 1/6 if there are children or two or more brothers or sisters; otherwise 1/3 |
| Brothers and sisters | Only if there is no son and no father |
Example: a man leaves a wife, one son and one daughter. The wife takes 1/8. The remaining 7/8 is split so that the son gets 7/12 and the daughter 7/24 of the whole estate. On a flat worth Rs 48 lakh, that is Rs 6 lakh, Rs 28 lakh and Rs 14 lakh.
Two special rules apply in some families. If the fixed shares add up to more than the whole estate, every share is reduced in proportion (awl). If something is left over and there is no residuary, the surplus goes back to the sharers other than the husband or wife (radd). The inheritance calculator applies both automatically.
Why a daughter gets half a son’s share
Under Muslim law the son carries the legal duty to maintain his family, and a woman keeps her mahr and her own property for herself. A daughter is a full heir in her own right; nobody can exclude her, and her share cannot be taken away by a will.
Wills (wasiyat): the one-third rule
- A Muslim can leave up to one-third of the net estate by will. Anything beyond that takes effect only if the heirs consent after the death.
- Under Sunni law, a bequest to someone who is already an heir is valid only if the other heirs consent after the death.
- A will can be oral or written, and it does not have to be registered. A written, signed and witnessed will avoids disputes.
- Probate is not compulsory. Wills made by Muslims were always outside Section 213 of the Indian Succession Act, and the Repealing and Amending Act, 2025 has since omitted that section for everyone. A society or bank may still ask for a succession document.
A will is useful for providing for people the law does not make heirs, such as a grandchild whose parent died earlier, a daughter-in-law, a stepchild or a charity, within the one-third limit.
Gifts during life (hiba)
A Muslim can give away property during life by hiba, with no one-third limit. A valid hiba needs a clear declaration of the gift, acceptance by the person receiving it, and delivery of possession. It can be oral. The Supreme Court held in Hafeeza Bibi v. Shaikh Farid (2011) that a hiba does not become invalid merely because it was put in writing, and that such a writing need not always be registered.
In practice, a society, MHADA or the land records office usually asks for a registered gift deed before transferring a flat or land. In Maharashtra, a gift of a residential flat to a spouse, son, daughter or grandchild carries stamp duty of Rs 200; see the gift deed stamp duty calculator.
Getting property transferred to the heirs
- Society flat: the society transfers the share on a will, succession certificate, heirship certificate or a registered family arrangement. A nominee is only a provisional member. See transferring a society flat after a member’s death.
- MHADA flat: see MHADA flat transfer after death.
- Bank deposits, shares and debts owed to the deceased: a succession certificate is often required. See legal heir certificate, succession certificate and probate.
- One heir keeping the flat: the others can release their shares by a registered release deed, ideally with payment recorded, or the family can sign a registered family arrangement.
Frequently asked questions
Do the rules differ for Shia Muslims?
Yes. Shia (Ithna Ashari) law groups the heirs differently, and a bequest to an heir is valid within one-third without the others’ consent. Our calculator applies Sunni (Hanafi) law only.
Can a father give his whole flat to his son before he dies?
Legally he can make a hiba of his own property during his life, if declaration, acceptance and possession are complete. But a gift made on his deathbed (marz-ul-maut) is treated like a will and limited to one-third.
My brother says sisters get nothing because they are married.
That is wrong. Marriage does not affect a daughter’s or sister’s share under Muslim law.
Can a Muslim choose the Indian Succession Act instead?
Not at present for intestate succession; the 1937 Act applies. The Supreme Court agreed in 2025 to examine a petition on whether a person born Muslim who does not wish to follow personal law can be governed by the Indian Succession Act. A Muslim can marry under the Special Marriage Act, which brings in different succession rules.
Consultations are by appointment at the chambers in Malwani MHADA, Malad (West). To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.
General information on Sunni (Hanafi) law, not legal advice. Shares depend on the exact heirs alive at the time of death.
Related
- Muslim inheritance share calculator
- Nikah registration in Mumbai
- Making a will in Mumbai
- A daughter’s share in ancestral property (Hindu law)