Muslim and Hindu property rights, particularly concerning inheritance and succession, differ significantly due to their distinct legal frameworks. Hindu law, primarily codified in the Hindu Succession Act, 1956, emphasizes family and coparcenary property, while Muslim law, based on Sharia, focuses on individual ownership and fixed shares for legal heirs.
Here's a more detailed breakdown:
1. Codification and Sources:
Hindu Law:
The Hindu Succession Act, 1956, is the primary legislation governing inheritance for Hindus, Sikhs, Jains, and Buddhists.
Muslim Law:
Muslim law is largely uncodified and relies on Islamic scriptures like the Quran and Hadith, interpreted through various schools of thought like Sunni and Shia.
2. Inheritance Principles:
Hindu Law:
Emphasizes survivorship within a coparcenary (a joint Hindu family). Self-acquired property can be willed freely, while ancestral property has specific rules of devolution. Daughters have inheritance rights, especially after the 2005 amendments.
Muslim Law:
Focuses on immediate succession and fixed shares for legal heirs. There are specific shares for various relatives (sharers) and the remaining property (residuary) is distributed accordingly. Testamentary freedom (wills) is limited to one-third of the estate without the consent of legal heirs.
3. Key Differences in Inheritance:
Daughters' Shares:
In Hindu law, daughters have equal inheritance rights, particularly after the 2005 amendments. Under Muslim law, daughters typically inherit half the share of sons.
Widow's Share:
A Muslim widow's share depends on whether there are children (1/8th with children, 1/4th without). Hindu widows also have inheritance rights, but the specific share can vary based on the family structure and other heirs.
Ancestral Property:
Hindu law has the concept of ancestral or coparcenary property, which has specific rules of devolution. Muslim law does not recognize ancestral property in the same way.
Testamentary Freedom:
Hindus generally have greater testamentary freedom (the ability to distribute property through a will). Muslim law restricts wills to one-third of the estate.
4. Adoption:
Hindu law recognizes adoption, with adopted children having the same inheritance rights as biological children.
Muslim law does not recognize adoption in the same way. Instead, it has the concept of kafala, which provides for guardianship but not inheritance rights.
5. Other Notable Differences:
Maintenance:
Muslim women are entitled to maintenance from their husbands, even if they are financially independent.
Polygamy:
Muslim men are allowed to have multiple wives under certain conditions. Hindu law generally prohibits polygamy

hindu law follows hindu succession act. muslim law follows shariat.
hindus have ancestral and self-acquired property. muslims have only self-acquired concept.
hindus follow equal inheritance. muslims follow fixed quranic shares.
hindu daughters get same share as sons. muslim daughters get half of son’s share.
hindus have joint family property. muslims do not.

There are some fundamental difference between the muslim property right and Hindu Property right like.
1st- There is a concept of coparcener in the Hindu Law but it is absent in Muslim law i.e there is no any birth right on the property of the family.
2nd- There is no concept of joint family property in the muslims like in the hindu family.
3rd- Any member who get the propert by means of succession become the absolute owner of the property, no one can claim the property right in his property and property only desolve after the death of person or by will.

Here’s a clear comparison between Muslim inheritance rights and Hindu property rights under Indian law:

1.Legal Framework
Hindu law
Governed by the HSA,1956 (amended in 2005), it's a statutory code recognizing both intestate and testamentary succession. It distinguishes between ancestral (coparcenary) and self-acquired property.
Muslim law
Governed by the Muslim Personal Law (Shariat) Application Act, 1937 and rooted in Quranic fixed shares.

2. Coparcenary vs Individual Succession
Hindu
Under Mitakshara, coparcener rights vest by birth in ancestral property. Daughters gained equal coparcenary status post‑2005.
Muslim
There is no coparcenary. Every heir has an immediate individual claim upon death; property is shared instantlyaccording to fixed shares.

3. Rights of Women
Hindu
After 2005, daughters have equal rights as sons in ancestral property. Wives and mothers are Class I heirs under intestate succession.
Muslim
Women inherit fixed shares, but these are usually half of what male counterparts receive (e.g., daughter gets ½ of a son; wife gets ⅛ or ¼; mother gets ⅙ or ⅓)

4. Testamentary Freedom (Wills)
Hindu
Can freely dispose of property via will. Entire estate can be bequeathed, though ancestral property has some restrictions.
Muslim
Only up to one‑third of the estate is disposable by will (wasiyyat); the remaining two-thirds must follow fixed Islamic shares, unless heirs consent.

5. Unborn Children & Representation
Hindu
Recognizes rights of unborn children in the womb at the time of death, and allows representation (e.g., grandchildren can step in) .
Muslim
No inheritance until birth; fetus has no share unless live birth occurs. No representation doctrine; if a son predeceases, his child cannot automatically inherit .

6. Ancestral vs Self-Acquired Property
Hindu
Succession rules vary accordingly as there is a differentiation between ancestral /copacenary and self acquired /separate property.
Muslim
 No distinction—all property is pooled and distributed uniformly under fixed shares upon death.

7. Polygamy & Impact
Hindu
Monogamy ; only one spouse is counted under succession.
Muslim
Polygamy is allowed (up to four wives), and they jointly share the widow’s portion .
Conclusion-
Hindu succession law (especially post‑2005) offers greater gender equality, flexibility in wills, and protection for unborn heirs through structured statutory rules.

Muslim inheritance law provides for fixed, Quran-defined shares, with women receiving a smaller portion than men, stricter will restrictions, and no coparcenary or representation.