Muslim Law- 28.10.2014

Muslim Law General Principles of Inheritance There is no distinction between movable and immovable property or between ancestral and selfacquired property. There is no concept of a joint family under u nder the Muslim law. No recognition of Right by birth - the riht of an heir-apparent or presumptive comes into e!istence for the first time on the death of the ancestor" and he is not entitled until then to any interest in the property to which he would succeed as an heir if he survived the ancestor. #" who has a son $" ma%es a ift of his property &. $ allees that ift was procured by undue influence on the basis of his riht to succeed. 'e has no cause of action as it is also a mere chance of succession- spes successionis. Principle of Exclusion & Principle of Representation-   (unni law does not reconi)e the  principle of representation at all. The principle p rinciple of e!clusion means that the rule of nearer deree e!cluded e!cluded the remoter deree. This rule is applicable to sharers" sharers" residuaries residuaries and distant distant %indred. *or e!ample the father will e!clude the paternal randfather and so on. # (unni Mohammaden has two sons" $ and &" $ dies in the lifetime of #" leavin a son +. # then dies leavin his son & and his +" his randson. The whole of #,s property will pass to & to the entire e!clusion of + as the son,s son son is remoter than a son. $ also cannot bequeath his e!pectant e!pe ctant share in #,s #,s property to his son or anyone else. Transfer of Spes Successionis &hance cannot be the subject of a valid transfer. iht to inherit cannot be renounced. Vested Interest upon Inheritance - The heirs ta%e a vested interest in the estate of the intestate" the moment succession opens and their ownership in their respective shares is not dependent upon it actual division by metes and bounds. If anyone dies in between the openin of the succession and the actual division of property" it does not matter- his property will o to his leal heirs. Inheritance in the case of the Child in Womb # child in the womb of its mother is entitled to inherit. It would be treated as bein in e!istence at the time when succession opens. Its share is %ept reserved. If such child in the womb is not born alive" the share already vested in it is divested and it is presumed as if there was no such heir/in the womb0 at all. Primogeniture Primogeniture Primoeniture is a principle of inheritance under which the eldest son of the decea decease sed d enjoy enjoyss cert certai ain n spec specia iall priv privil ile ees es.. Musl Muslim im law law does does not reco recon ni) i)ee the the rule rule of   primoeniture and all sons are treated equally. 'owever under (hia law" the eldest son has an e!clusive riht to inherit the father,s arments" sword" rin and copy of the 1uran provided the eldest son is of sound mind and the father has left certain other properties besides these articles.

is!ualification 2. +ifference of eliion- 3nder the pure Muslim law" a non-muslim is not entitled to inherit the property from a deceased Muslim. This disability is removed by the &aste +isabilities emoval #ct. # converted heir will continue to be overned by Muslim law of inheritance but his non-Muslim descendants will not inherit from the deceased Muslim. 4. 'omicide- 5ven throuh testamentary succession or by intestate succession cannot inherit the property. 3nder (hia law" disqualification is operative only where death was caused intentionally. 6. Illeitimacy- under (unni law- an illeitimate child is deemed to be related to its mother  and inherits from her and her relations. Illeitimate child does not inherit from mother" father or any relatives under (hia law # child who is born after si! months from the date of contractin the marriae" is  presumed to be a leitimate child unless it is not a pre-mature child and provided the father does not disclaim the paternity by accusation of adultery. If there is a doubt about the date of contractin the marriae- ac%nowledment of   paternity by the father can be ta%en into account. 3pon dissolution of marriae" rules overnin the leitimacy 7 child considered to be leitimate if born within 7 (hias- 28 lunar months" 'anafis- 4 years and for (hafe,iis and Mali%i 7 four lunar years. 9. #dopted child #doption is not reconi)ed by muslim law" therefore" adopted person is not entitled to anythin even on the basis of a will. :. (tep children 7 (tep mother or a step son are not heirs. (tep child can inherit only from its natural father;mother. . 5!clusion of dauhters 7 a dauhter is entitled to succeed to the property of both the  parents but if there is a custom or statute e!cludin the riht of the dauhter" they should  be treated as non-e!istent and the shares. +efinitions a. # true randfather- no female intervenes- father,s father" father,s father father. emoter is e!cluded by nearer.  b. # true randmother is a female ancestor and between whom and the intestate no false randfather intervenes- mother,s mother" father,s mother" father,s father,s mother. c. *alse Grandfather or randmother- if there is in between a randfather and the intestatethere is an intervention of one or more females. Mother,s father" mother,s mother,s father" mother,s father,s father" father,s mother,s father. Li%ewise if there is any maternal randfather between the female ancestor and the intestate- the said ancestor is a false randmother. *or e!ample mother,s father,s mother. d. 3terine brother;sister - from same Mother and different father 

e. &onsanuine sister or brothers- *rom same *ather but different Mother  f. *ull $rother;(isters - from the same father ? mother  . (harers- (harers include both female and male heirs whose shares are fi!ed. Their shares can chane accordin to the presence of other heirs. h. esiduaries- eiduaries are those persons who are entitled to the residue of the property of the deceased which is left after allottin the specific shares to the sharers. The residuaries, shares are not specified. i. +istant @indred- $lood relations who are neither the sharers nor the residuaries. (unni law of inheritance+octrine of add- 5liible sharers are iven their fi!ed shares first and then the rest of the shares o to the residuaries. In the absence of the residuaries and the sharers" the shares then o to the distant %indred. Aow if there are no residuaries" the residue in the presence of  sharers does not o to the distant %indred but comes bac% to the sharer. The only e!ception to the rule is that the spouse cannot be the beneficiary to this rule of radd and therefore in the  presence of distant %indred" the husband or wife will not be entitled to more property than as a sharer. If there are no other heirs" then the widowed spouse will be entitled to radd. +octrine of #ul- The sharers are entitled to the property in fi!ed shares. The sum total may  become reater than the unity. *or e!ample- # muslim woman dies and is survived by her husband ' and two full sisters (2 and (4. B and sisters will et 4;6 rd B C 6;< 4;6C 9;< Total C =;