Shares under muslim law
Querist :
Anonymous
(Querist) 22 September 2011
This query is : Resolved
can somebody provide me details of concept of sharers residuary and distant kindered.its got to be very typical when share increase or decrease in muslim personal law.
Raj Kumar Makkad
(Expert) 22 September 2011
In the general Sunni rules, there are three classes of heirs:
l the heirs specified in the Qur’an to receive fixed shares of the estate, who are called "sharers"; l agnatic heirs, or those who trace their relationship to the decedent only through males, who are known as ‘asaba or "residuaries" and take no fixed share but receive the residue after the fixed shares are claimed by the sharers; and l more distant relatives of the decedent, often called "distant kindred", who inherit if there are no sharers nor residuaries.
Not all of these heirs will necessarily inherit, and certain classes of heirs or closer kin may exclude those of other classes or those in the same class who are more distant relatives of the deceased.
There are twelve heirs designated in the Qur’an to receive fixed shares of the decedent’s estate: the father, mother, husband, wife, grandfather, grandmother, daughter, son's daughter, full sister, paternal half-sister, maternal half-sister, and maternal half-brother. Such shares ranged from 1/8 to 2/3 of the estate for designated individuals or groups of individuals. Although the sharers inherit first, they generally do not take all of the inheritance. Instead, they receive their fixed portions and the rest of the
estate is passed to the male agnates (residuaries).
After the fixed shares are distributed, the balance of the estate goes to the residuaries. The agnatic heirs in the residuary class are generally male, including the decedent’s son(s), any son of that son (howsoever low), his father (in certain instances), his brother, and his paternal uncle. When there is a male counterpart who has the same relationship to the deceased, certain of the women sharers, such as the decedent's daughter, son's daughter, sister, and paternal half-sister, turn into ‘asaba or residuary heirs
and receive one-half of the share of their male counterpart instead of the fixed share laid out in the Qur’an.
The relatives who are nearer in degree to the decedent generally exclude those farther in degree, and those of full blood relationships with the decedent are preferred over those related only through the father. If there are no other relatives that fall into the sharer or residuary classes, the estate passes to the third category, the other more distant relatives.
Querist :
Anonymous
(Querist) 22 September 2011
pls explain me.mothers share is 1/6.if there are other heirs also father and brother or sister of deseased.how does it effect mother share.who get what.
prabhakar singh
(Expert) 23 September 2011
The mother will inherit her 1/6th normal share only in any of the two following conditions:
a]when there is a child child of a son,how low soever;or
b]when there are two or more brothers or sisters,or even one brother & one sister,whether related by full,consanguine,or uterine.
The said share exceeds to 1/3rd in following conditions:
a]when no child or child of a son how low soever,and not more than one brother or sister if any;
BUT if there is also wife ,or husband and the father,then only 1/3 of what remains after deducting the husband or wife's or husband's share.
Querist :
Anonymous
(Querist) 23 September 2011
as u said mothers share exceed to 1/3 when no child of a son is alive high lowsoever.if only mother and child of a son is there.child of a son is entitled to any inheritance?
R.Ramachandran
(Expert) 23 September 2011
Dear Anonymous,
It would be advisable for you to indicate the actual and factual scenario so that an appropriate answer could be given to you. By asking piecemeal questions and getting answers to them, I am afraid, neither the experts would be able to give an appropriate answer, nor it will benefit you. Therefore, come out with complete factual situation to get a proper answer.
Querist :
Anonymous
(Querist) 23 September 2011
if only child left is child of son then mother will take 1/3.did i say wrong or right.
prabhakar singh
(Expert) 23 September 2011
My answer given to cover each and every hypothesis that may arise,if you are unable to comprehend it ,then you bring the actual facts before us without making so many ifs and buts.
