Law of Inheritance under Sunni Muslim Law | Priniples of Inheritance under Muslim Law | Sharers |

LAW OF INHERITENCE
IN
MUSLIM LAW

• Propositus : The deceased owner of the property.
• Spec Successionis : Chance of succession.
• Child in womb : Double possibility, if the child is alive for a while then he /she has a right.
• Illegitimate child : Inherit by mother’s property only.
• Step children : cannot inherit any property from step mother or step farther.
• Homicide : In Sunni law murdered is disqualified but in Shia law if intentionally murder then disqualified.
• Religion : A non-Muslim person cannot inherit from a Muslim deceased.
• Will : A Muslim can make a will only 1/3 share of the property.
• Heritable Property : what is left after payment of certain charges i.e.
 Funeral expenses
 Expenses in obtaining Probate from the Court
 Wages for personal service to the deceased within 3 months of the death
 Debts
 Legacies etc.
It includes movable and immovable. No distinction in ancestral and self-acquired property. No presumption as to a joint family.
OBJECT OF MUSLIM LAW OF INHERITENCE
1. The relation who are near and dear to deceased owner get a substantial part of the estate.
2. Scheme of distribution should not be distorted by exercise of testamentary power 1/3 part only.
3. Legal heirs should be properly classified :
 Sharers
 Residuaries
 Distant Kindered
PRINCIPLES OF INHERITENCE
1. Doctrine of Exclusion
• Mother – Grandmother
• Father – Grandfather/bothers/sisters
• Son – son’s daughter
2. Doctrine of All ( Increase)
• Inheritence – distribute -sharer
• Total – exceed unity
• Share allottable to each sharer is proportionately reduced.
3. Doctrine of Radd(Return)
• Among sharers
• Total less than unity
• Remainder should be given to residuary
• When no residuary
• Residue returns to sharers
• Not available to husband or wife

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