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31 - Intestate Succession in Muslim Law - YG Law

The document outlines the rules of intestate succession under Muslim law, detailing the duties to be performed after a Muslim's death and the distribution of property among heirs. It explains the classification of heirs into sharers and residuaries, the rules of exclusion, and the doctrines of aul and radd. Additionally, it addresses disqualifications to inherit, the status of illegitimate children, and specific customary practices affecting inheritance rights.

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22 views11 pages

31 - Intestate Succession in Muslim Law - YG Law

The document outlines the rules of intestate succession under Muslim law, detailing the duties to be performed after a Muslim's death and the distribution of property among heirs. It explains the classification of heirs into sharers and residuaries, the rules of exclusion, and the doctrines of aul and radd. Additionally, it addresses disqualifications to inherit, the status of illegitimate children, and specific customary practices affecting inheritance rights.

Uploaded by

Ba 19
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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Muslim Law

Intestate Succession
(Inheritance)
Best Video in HINDI
Intestate Succession – Muslim Law
• When a Muslim die there are four duties which need to be
performed.
1. Pay funeral and burial expenses.
2. Paying debts of the deceased.
3. Determine the value / will of the deceased (which can only be a maximum of
one third of the property).
4. Distribute the remainder of estate and property to the relatives of the
deceased according to Muslim Law of Inheritance
Sharers Residuaries
Sunni law - 12 Sharers
(8 female 4 male) ESCHEAT
Distant
Shia Law – 9
(6 female 3 male) Kindred
Rules of Exclusion
The Sharers are 12 in number (Sunni)
(1) Husband,
• Muslim law in general does not recognise the (2) Wife
principle of representation and provides for the (3) Daughter
rule of nearer in degree excluding the remoter. (4) Daughter of a son (or son's son or
son's son’s son and so on),
• This rule is applicable to sharers, residuaries and (5) Father,
also distant kindred. (6) Paternal Grandfather,
• Firstly, the father would exclude the paternal grandfather, (7) Mother
and a son would exclude a son’s son. (8) Grandmother on the male line,
• Secondly, an heir who is related to the deceased through (9) Full sister
another person, would be excluded in presence of the one
through whom he or she is related to the deceased. For (10)Consanguine sister
example, a sister or a brother is related to the deceased (11)Uterine sister, and
through the father, and if the father is present, they would (12)Uterine brother.
be excluded in his presence.
(The Mother is an exception to the rule of exclusion,
presence of mother wont exclude brother/sister relations)
• Thirdly, Full Blood Will Exclude Half blood, but uterine
relationships wont be excluded.
• There are five primary heirs, who if present would not be excluded and
would invariably inherit the property. They are: surviving spouse
(husband/wife), son, daughter, mother and father.
• The son is a residuary but the rules of inheritance are so designed that he would
always inherit the property
Son and Daughter
Husband
• Single daughter will get 1/2, More than
• Husband will get 1/4th
1 daughter then 2/3rd in total among all
• If no lineal descendants then
daughters
husband will get 1/2
• Son will always get double the share of
Wife
each daughter.
• If wife and children inherit
Mother
together, then wife will get 1/8th
• If mother inherits with children then
• If there are no children, then wife
mother will get 1/6th
will get 1/4th
• If there are no children mother will get
• if multiple wives are there then
1/3rd
the share will be divided in the
Father
wives
• Father has fixed 1/6th
Doctrine of aul (Increase)
• A Muslim woman W dies leaving behind her parents M and F,
her husband H and three daughters D1, D2 and D3.
• Share of H is one-fourth (1/4th),
• Share of M and F is one-sixth (1/6th) each
• Three daughters collectively will take two-thirds (2/3rd).
• The sum total would be 1/4 + 1/6 + 1/6 + 2/3 = 15/12

Heirs Shares Reduced Shares


H 1/4= 3/12 3/15
F 1/6 = 2/12 2/15
M 1/6 = 2/12 2/15
D1+D2+D3 2/3 = 8/12 8/15
15/15 = 1 = Total share of all
Doctrine of radd (Return)
• If nobody is alive to take balance share after the fixed share is
given, and there is balance left then it is called as excess share and is
returned to the people with fixed share. This is called Radd or Return
(only applies when there are no residuary)
(widow and widower will not participate if there is any other sharer or
distant kindred)
Disqualifications to Inherit
If you are different religion you can’t inherit.
This rule has been removed for converts by Caste Disabilities
Removal Act, 1850.
Illustration: If you are born a Muslim and you convert to Hinduism then
you can still inherit your Muslim father’s property.
But,
If your father was a Hindu and he converted to a Muslim and you are still a
Hindu then you cant inherit your Muslim fathers property.
Illegitimate Child
• Under Sunni law an illegitimate child is deemed to be related to its mother, and
inherits from her and her relations but does not inherit from the father or any of his
relations.
• Under Shia law, an illegitimate child does not inherit from any of the parents nor from
any of their relatives

If you kill the person whose property is up for inheritance.


• If the person who is supposed to inherit has killed the person from whom he is
inheriting is disqualified.
• In Shias- if he had intention of killing then only, he is disqualified, if he kills accidentally then he is
not disqualified.
• In Sunnis – it doesn’t matter what the intention was or if it was an accident, if he killed, he
disqualified.
Daughter is excluded in some areas because of customary practises or
special statutes.
Rule of primogeniture –– elder son will get preference in some aspects
of inheritance.
(applies to certain Muslims as custom or under special statute)
• Watan Act, 1886 (Bombay), The Oudh Estates Act, 1869 follows the rules of
primogeniture for devolution of taluqdari properties and exclude daughter.
• Gujas and bakarwal communities– daughter always excluded
• In Jammu and Kashmir, in some communities a daughter can succeed only in absence
of all male agnates of the deceased, while in others she can inherit only if she is a
‘Khananashin’
Disclaimer: The contents of this document are incomplete on their own. For
optimum understanding and getting a grasp of the concepts, always watch the
dedicated video for this document and then use the document for reference.

The contents of this document are the exclusive intellectual property of YG Law.
Any unauthorized use, reproduction, publication, or distribution of this material, in
whole or in part, is strictly prohibited without prior written consent from YG Law.

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