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Definitions:
Agnates- An agnate is a. relation who is related to the deceased whole through males. Thus,
the following are the examples of agnates, son, son's son,son's son's son, son's daughter, son's
son's daughter, father's father, father's,mother, father's father's .father; father's father's,mother..
Cognates- A cognate is a relation who is related to the deceased through one, or more
females. For example, the following are cognates: daughter's son, daughter's daughter,
mother's father, father's mother's father.
Collaterals- Collaterals are descendants in the parallel lines from the common
ancestor or ancestress. Collaterals may be agnates or cognates. Thus, consanguine brothers
and sisters, paternal aunts and uncles are agnate collaterals. Maternal uncles , aunts, uterine
brothers and sisters are Cognate, collaterals.
Heir- A person who is entitled to inherit the estate of another after his deaths known as an
heir.
True grandfather- A male ancestor between whom and the deceased no female intervenes is
known as the true grandfather. For instance, the father's father, father's father's father and his
father how high so ever are all the true grandfathers.
False grandfather- A Male ancestor between whom and the deceased, a female intervenes is
known as the false grandfather. For instance, mother's father, mother's father, fathers
mother's father are false grandfathers.
True grandmother - A female Ancestor, between whom and the deceased no false
grandfather intervenes are known as the true grand mother. Thus, fathers mother, mother's
mother, father's mother's mother, father's father's mother, Mothers mother's mother are all
true grandmothers.
False grandmother- A female ancestor between whom and the deceased a false grandfather
intervenes. Thus, mother's father's mother is a false grandmother.
Son's son how low so ever- Lineal male descendants are known as son's son how low so
ever. For instance, son's son, son's son's son and so on, are all son's son how low
soever.
.
Son's daughter how low soever- The female children of lineal male descendants are known
as son's daughter how low soever~ Thus, son's daughter, son's son's daughter, and so on, "are
also son's daughter how low soever.
Inheritance under Sunni (Hanafi) Law
Under any law of intestate succession, two questions that arise are:
(i) Who are the heirs of the deceased, and
(ii) To what share the heirs are entitled. Muslim law-givers have gone into details in laying
down the categories of the persons who are entitled to participate in the inheritance,
and the respective shares to which each category of heirs are entitled to receive.
Heirs
Islamic law superimposed on the customary structure certain blood relations who are either
equally near, or more near, to the deceased than the customary heirs. Among these new heirs
are certain females, and some ascendants and collaterals. The spouse of the deceased is
allowed to take a share in the inheritance, as a. relation by affinity.
The sharers are allotted their specified shares. Then whatever is left after allotting share 'to the
sharers the rest-residuary is divided among the customary heirs. These heirs are commonly
called "residuary". This term came into vogue on the assumption that after giving specified
shares to the sharers, whatever is left is given to them.
Sisters
The sister is a sharer, one. sister takes 1/2 share; two or more take 2/3.
(a) But she is not a primary heir. She, takes only in the absence of a son, son's son, how
low soever, father and true grandfather.
(b) With full brother (and in certain cases with daughter) she becomes a residuary.
(c) If there are more than one full sister, consanguine sister is excluded. But where there is
only one sister then consanguine sister takes 1/6.
It should be noted that Six' sharers inherit as residuaries in certain circumstances. These
are:
a) the father,
b) true grandfather how high soever,
c) daughter,
d) son's daughter,
e) full sister and
f) Consanguine sister.
Illustrations:
(i) P .dies leaving behind daughter, D, son's daughter, SD, son's son's daughter, SSD, and
son's son's son, SSS. 0 will take 1/2 as sharer, SD will take 1/6 as sharer, SSS and SSD will
take the remaining as residuaries, SSD taking 1/9 and SSS taking 2/9.
.',
.
(ii) P, a Muslim, dies leaving behind two daughters, D and D1, a son's daughter, SD, and
son's son's son, SSS. D and D1 together will take 2/3, as sharer, and the remaining will go to
SD, SSS as residuaries, SSS taking 2/3 and SD taking 1/9 (in accordance with the rule that
male takes double portion).
Shia law; General principlesThe basic differences between the Shia law and the Hanafi law arise on account of the fact
that the latter interpret the Quranic rules strictly and hold that the Quranic rules are nothing
but transposition of certain rules on the customary law of succession, while the former
interpret the Quranic rules so widely as if they lay down an independent scheme of
succession. Thus, the Shia interpretation of the Quranic rules does not recognize the prior
rights of agnates over cognates or of males over females. With the exception of the rights of
husband and wife, the Shia law lays down that the estate of the deceased devolves on blood
relations equally, though among themselves they take per stripe: the females are allotted half
the share allotted to the males in each grade. This also results in descendants, ascendants and
collaterals inheriting side by side.
been given the name of increase (aul) though in fact the shares are proportionately reduced.
The doctrine can be explained by an example:
P dies leaving behind her husband; H, two full sisters, FD and FDl, and Mother M They will
be allotted the shares as under:
.
H....1/2 or 3/6
FD & FD1...2/3 or 4/6
M.... l/6
The proportionate reduction of shares is achieved by increasing the denominator from 6 to 8.
Thus, the shares of the' respective shares will be: H will take 3/8, FD &: FD1 4/8 and M 1/8.
We may take another example: P dies leaving husband, H, full sister, FD, two uterine sisters,
MD and MDI, two uterine brothers, MS and MSI and mother, M. All these heirs are sharers.
In accordance with their entitlement, their shares will come to: M 1/6, H 1/2, FD 1/9,
MD, MDI, MS and MS1, 3/4. This will be reduced to 1/9, 3/9, 3/9 and 2/9 respectively.
Under Shia law the share of only following heirs should be proportionately reduced:
Daughter
Full Sister
Consanguine Sister
But not from the share of Uterine Sister
(ii) P dies leaving behind his wife, W, and none else.' W will take 1/4 as Sharer and 3/4 by
return. When, there is no other heir, the doctrine of return applies to the spouses.
Escheat in Muslim Law
The Doctrine of Escheat is accepted by Muslim Law. However, the property escheated does
not devolve upon the Government by way of inheritance as ultimus haeres but as bait-ulmal (public treasury) for the benefit of Mussalmans only.
According to Sunni Law, on failure of all the heirs and successors, the property of a deceased
Sunni Mohammedan escheats to the Government.
According to Shia Law, on failure of all the natural heirs, the property of a deceased Shia
Mohammedan escheats to the Government