Law of Inheritance(Muslim Law Sunni Law )

Law of Inheritance(Muslim Law: Sunni Law )

Distribution of Property (Sunni Hanafi Law) • Classification of heirs Primary Heir (Always Inherits+ Never Excluded) Parents F/M Spouse H/W Children S/D • Secondary Heir Except Six…. Other Heir Is Secondary Heir • Sometimes Inherits • Sometimes Excluded

Classification on the basis of relationship • the heirs are divided into two categories • Relations of Blood = Full Blood/Half Blood • Relations by Affinity(valid Marriage) = H/F

Full Blood means Real Blood like Real Brother and Sister Half Blood are two kinds • Uterine Blood Brother + Sister And • Consanguine Blood Brother + Sister

Distribution of Property on The Basis of Order of Priority (under Sunni Hanafi) • Seven class of heirs • Principal Classes ( Class I To III) • Class I – Quranic Heirs – Shares (12) • CLASS II – Agnatic Heirs – Residuary (All Male Agnates + All Female Agnates + D + SD + SSD+ SSSD + SISTER FULL) Class III– Uterine Heirs (distant kindred)

Class III– Uterine Heirs (all agnates + all female agnate) inherit only in the absence of class I and II heirs known as distant kindred

Subsidiary class (IV to VII) IV successor by contract V acknowledge kinsman VI universal / sole legatee VII govt. treasury lost their practical significance and have become nearly obsolete in modern time

Distribution Property Among Class I Heirs Class I : QURANIC HEIRS (TWELVE HEIRS) (A) Heirs By Affinity (Marriage) 1. Husband (H) 2. Widow (W) (B) Blood Relations Ascendants : 3. Father 4. Mother 5. True Grand Father 6. True Grandmother Descendants: 7. Daughter 8. Sons Daughter 9. Full Sister 10. Consanguine Sister 11. Uterine Sister 12. Uterine Brother

Out of 12 … 8 is a female heirs • Quran fix share in 6 fractions • ½, ¼. 1/8, 2/3, 1/3,1/6

Distribution of Shares Maximum Minimum 1. ½ > ¼ Husband 2. 1/4 > 1/8 wife/widow Condition for Getting Maximum share • No Children (No Son or daughter)/ No agnatic Descendent then share is maximum or otherwise minimum share applicable to Either Husband Or Wife/ Widow

Maximum Minimum • 1/3 > 1/6 Mother Uterine Bother / Uterine Sister Condition for Getting Maximum share by Mother • No Children (No Son or daughter)or • No agnatic Descendent or • No more then one brother or sister of any description then mother’s share will be maximum or otherwise minimum share applicable to Mother

Condition for Getting Maximum share by Uterine Brother/ Sister • more then one uterine brother or uterine sister then they will get maximum share 1/3 otherwise minimum share 1/6

1/6 True Grand Mother Condition for Getting share by True Grand Mother in the absence of mother, Grand mother shall take 1/6 as sharer

(Daughter class) 4. Maximum Minimum 2/3 > 1/2 daughter/ Son’s daughter sister Full / Sister Consanguine • Condition for Getting Maximum share by daughter/ Son’s daughter more then one daughter/ Son’s daughter then they will get maximum share 2/3 otherwise there is only one daughter/ Son’s daughter then they will get only minimum share 1/2

(Sister class) Maximum Minimum 2/3 > 1/2 sister Full / Sister Consanguine • Condition for Getting Maximum share by sister Full / Sister Consanguine • more then one sister Full / Sister Consanguine then they will get maximum share 2/3 otherwise there is only sister Full / Sister Consanguine then they will get only minimum share 1/2

5. Father / True Grand Father Inherits property in three capacity as • Quaranic Sharer = 1/6 when son or any male agnatic descendant is present with or without Daughter B. Residuary when no son or no daughter or any agnatic descendant is present.

C. Quaranic sharer + residuary • 1/6 + residuary When no son or No agnatic descendant But daughter is present

Residuary( Son And Daughter + Brother And Sister Full / Consanguine) • 2:1 Ratio Son And Daughter • 2/3 >1/3 Brother And Sister Full/Consanguine

Law of Inheritance(Muslim Law Sunni Law )