Childless Muslim Widow Entitled to One-Fourth Share Under Mohammedan Law: Supreme Court

The Supreme Court has reiterated that under Mohammedan law, a childless Muslim widow is entitled to a fixed one-fourth share of her late husband’s property.

A Division bench of Justices Sanjay Karol and Prashant Kumar Mishra upheld a Bombay High Court ruling that denied a widow’s claim to three-fourths of her husband’s estate.

The Court clarified that this rule applies irrespective of the presence of other heirs and stems from Chapter IV, Verse 12 of the Qur’an.

The Court also held that an agreement to sell executed by the deceased’s brother could not override her inheritance rights since no registered sale deed was executed.

[Zoharbee v Chand Khan & Ors]