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A. 3. Law of Inheritance_Sunni and Shia.pptx (1)

The document outlines the laws of inheritance under Sunni and Shia traditions, detailing the classifications of heirs such as sharers, residuaries, and distant kindred. It explains the distribution of assets, doctrines like Aul (increase) and Radd (return), and the rules governing inheritance shares among different categories of heirs. Additionally, it provides illustrations and examples to clarify the application of these laws in various scenarios.

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KHUSHI KHARWA
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29 views

A. 3. Law of Inheritance_Sunni and Shia.pptx (1)

The document outlines the laws of inheritance under Sunni and Shia traditions, detailing the classifications of heirs such as sharers, residuaries, and distant kindred. It explains the distribution of assets, doctrines like Aul (increase) and Radd (return), and the rules governing inheritance shares among different categories of heirs. Additionally, it provides illustrations and examples to clarify the application of these laws in various scenarios.

Uploaded by

KHUSHI KHARWA
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Class of heirs

• Sharers
• Residuaries
• Distant Kindred
• State by escheat
LAW OF INHERITANCE
Sunni law
The Sharers
• 12 in number (8 female, 4 male) – Given specific
share
▫ Wife, Husband
▫ Daughter, Son’s Daughter
▫ Full sister, Consanguine sister
▫ Uterine brother, Uterine sister
▫ Mother, Father
▫ True GM, True GF.

• Under some situation, some sharers (S) become


Residuaries (R) = Quranic Residuaries/Residuaries
with another
Distribution of Assets
• S - class I
• R - class II
• S 🡪 R 🡪 DK
▫ Primary Heirs: (always entitled to share)
● Always entitled: Husb,Wife,Dau, Son,Mo, Fa
▫ Substitutes:
● Substitutes of– Child of son HLS, True Gm, True GF
Distribution of Assets
• Six fractional shares allotted by Q
▫ 1/2, 1/4, 1/8, 2/3, 1/3, 1/6
• S – allotted specific shares

• General rule of preference


▫ Nearer excludes remoter
Table of Sharers – Sunni Law
(Refer Pdf)
Question !!
• A Muslim male dies leaving behind widow, a
daughter, True grandfather, full sister, Uterine
brother and father.

• A Muslim female dies leaving behind her spouse and


a uterine brother. How the share changes when P
dies leaving behind daughter also, together with
spouse and uterine brother ?

• P dies leaving behind F, M, D, SD1, SD2.


• P dies leaving behind F, M,D1, D2, SD1, SD2.
Doctrine of Aul (Increase)
• If total number of sharers exceeds unity, the
share of each sharer is proportionately
diminished by reducing the fractional share to a
common denominator
▫ Increasing the denominator so as to make it equal
to the sum of numerator

▫ Increasing the denominator – Hence, Doc of


“increase”
Doctrine of Aul (Increase)

Illustration
• Husband 1/2 = 3/6 share reduced to 3/7
2 Full sisters 2/3 = 4/6 share reduced to 4/7
----------- --------
7/6 7/7
Doctrine of Aul (Increase)

Solve it !
1. P dies leaving behind H, FS1,FS2 and M.
2. P dies leaving behind husband, mother and 2
daughters for the propositus. Find out the
shares according to Sunni law of inheritance.
Residuaries
Residuaries
• Conditions when residuary get inheritance:
▫ If no sharers - entire property
▫ If residue left after sharers are satisfied – residuary takes it

• Quran says that the Residuaries are to be satisfied after


the sharers.

• Rule of preference:
▫ Des.> Asc. > Coll.
▫ Nearer > remoter
▫ Heirs equally near = male heir takes double portion of
female heir (2x and x)
Table of Residuaries
Ref.
Doctrine of Radd (Return)
• Residue left after satisfying the sharers, but no
residuary – the residue reverts to the sharers in
proportion to their shares

• No Residuary 🡪 Residue 🡪 Return 🡪 Doc of Radd

• Special rule:
▫ Husband/wife takes return only in the absence of
any other heir (S/R/DK)
Doctrine of Radd (Return)
• Type 1 –
Mother 1/6 - 1/6 Increased to 1/4
Son’s daughter 1/2 - 3/6 Increased to 3/4
----------- -------
4/6 4/4 = 1
▫ Type 2 –
● Wife is the only heir. ¼ as sharer, ¾ by return

▫ Type 3 –
● Husband (1/2 (S) + 0 (R)) = 1/2
● Mother (1/3 (S) + 1/6 (R) = 1/2
(H not entitled to return, coz M exist)
Doctrine of Radd (Return)
• Illustrations
• Type 4 –
H – 1/4 – 3/12
M – 1/6 – 2/12
D – ½ - 6/12
Total : 11/12

- Since other heirs, Husband – not given any return,


¼ is fixed
- Total property to be distributed between other
heirs (leaving H’s share) = 1 - ¼ = ¾
Doctrine of Radd (Return)
• Illustrations
• Type 4 –
- ¾ - distributed to M and D acc. to their share ratio
- M : D = 1/6: ½ = 1: 3 = ¼ : ¾
- Here, total property available for M and D= ¾
- So,
- M – ¼ x ¾ = 3/16
- D – ¾ x ¾ = 9/16
-F–¼ = 4/ 16
Total = 16/16
Doctrine of Radd (Return)
• Solve it (Acc. Sunni law)
1. Husband alone is present
2. Husband, father and daughter are present
Distant Kindred
• If no Sharers and Residuaries, they take up
• If spouse alone present among the sharers and
Residuaries, then DK takes the remaining.
• Husband and Wife gets share by return only if
DK is absent
Distant Kindred
• 3 categories:
▫ Descendants DK (Eg. D’s children)
▫ Ascendants DK (E.g. False GM/GF)
▫ Collateral DK (E.g. FB’s daughter, Full paternal
uncle’s daughter)

• Distribution:
▫ Des > Asc > Col.
State : By Escheat
• Estate of an heirless Muslim devolves on the
state
▫ Modern rule

• Takes it subject to any trust, charge or liability


affecting it
LAW OF INHERITANCE
Shias law
Division of heirs
• Division I
▫ by marriage

• Division II
▫ by consanguinity i.e., by blood
● Class I
i. Parents
ii. Children and other lineal descendants h.l.s
● Class II
i. Grandparents h.h.s (true as well as false)
ii. Bro/sis and their descedants h.l.s.
● Class III
● (i) Paternal, (ii) maternal
▫ uncles and aunts of deceased and of his parents and grandparents h.h.s
and their descendants h.l.s

• Division III
▫ by escheat
Rules in the Class of Heirs
• Rules:
▫ Heirs in the earlier group > later group
▫ Heirs in both the categories of the same group inherit
simultaneously
▫ Within the category
● Nearer>remoter
● Full > consanguine bro/sis (not uterine)

• Shia - Division on Heirs:


1. Sharers and descendants of sharers h.l.s
2. Residuaries and descendants of residuaries h.l.s
No DK, All blood relations, who are not Sharers, are residuaries
Rules in the Class of Heirs
• Rules:
▫ All sharers are not class I heirs
▫ Sharers don’t have priority over the residuaries
▫ H and W – always inherit
Table of Sharers
Ref.
Determination of shares
Spouses are included in all Classes

1. Distribution: Class I heirs


▫ H/W + Class I
▫ Sharers 1,2,3,4,5, son (residuary)
▫ Grandchildren:
● Represents their parents (Absent)
● Double portion to the male
Determination of shares
2. Distribution: Class II heirs (Cl I - Ab)

a) Grandparents (No bro/sis/their descendants)


● (double share to paternal)
● Within Paternal GP (if 2) – double portion to male
● Within Maternal GP (if 2) – equally divide

b) Bro/sis, (No ancestors)


● Ref. Sharer’s table

c) Grandparents and remoter ancestors, in the presence of


Bro/sis/descendants
● Paternal GF/GM is treated as full/consanguine B/S
● Maternal GF/GM is treated as uterine B/S
● Same for remoter GM/GF – descendants of B/S
Determination of shares
3. Succession among Class II heirs - rules

● In the absence of Class I and II


● All are Residuaries, no sharers in Class III

▫ Paternal/maternal uncles/aunts and descendants h.l.s


of the
● Deceased
● Parents
● Grandparents

• (Remoter is excluded) – Paternal takes 2/3, maternal 1/3,


Descendants represents the respected person
Distribution of Property
• Only one heir – whole property taken
▫ Exception:
● Earlier:
● Only one wife ¼ as sharer – gets not more than Quranic
share – residue escheats to government
● Present:
● Abdul Hamid Khan v. Peare Mirza – wife can take by return.
Principle of representation
• Purpose:
▫ Determination of heirs
▫ Determination of the quantum of share to heirs
- Rule of exclusion includes

Stirpital succession:
- per stirpes, not per capita
- In branches, division takes place in stock (at place where
branches bifurcate)
- Applied to both descendants and ascendants
Principle of representation
Illustration:
[A & B – Predeceased] Propositu
s

A B

GS1 GS2 GS3

• (Per stirpes) Shias – (i) divide among sons, A and B – ½ each


(ii) GS1 and GS2 – ¼ each, GS3 – ½
GS1, GS2 – represents A, GS3 – represents B.

• (Per capita) Sunni – (i) GS1, GS2, GS3 – 1/3 each


No such representations
Doctrine of Return/Radd
• If shares satisfied/not there, no Residuaries,
then doctrine is applicable

• Special rule 1:
▫ Husband/wife only if no other heir
▫ Wife gets after Abdul v. Mirza case

▫ E.g
● Mother – 1/6 1/4
● Daughter - ½ (3/6) ¾
Total 4/6
Doctrine of Return/Radd
• Special case 2: (M not entitled share by return) (similar to type 4)
▫ M, F, 1 D
+
▫ 2/more F/C Bro
or
1 F/C bro + 2 F/C sis
or
4 F/C sisters
Doctrine of Return/Radd
• Special case 3:
▫ When UB/US + FS exists
● UB/US – not entitled for return

▫ Not applicable when CS/CB is present instead of


FS
Doctrine of (Aul) Increase
• Sunni doctrine – not recognized
• Shias:
▫ If shares exceed unity – fraction is deducted invariably
from share of
● Daughter(s)
● Full/consanguine sister(s)

• E.g. Hus - 1/4 - 3/12


Dau – 1/2 – 6/12 reduced to 5/12
Father – 1/6 - 2/12
Mother - 1/6 – 2/12
--------
13/12
End!

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