Muslim personal law
mohtashim
(Querist) 22 March 2012
This query is : Resolved
Please explain the below query as per Muslim Personal Law in detail.
A sunni Mohammedan dies leaving behind one Daughter and Pre-deceased Son's son and daughter. Please explain the order of succession. Also throw some light on the concept of Residuary and the law of exclusion and the Law of Return.
Thanks.
Adv.R.P.Chugh
(Expert) 22 March 2012
Dear Querist,
In this particular case - daughter would take 1/2 of property straightaway as quranic heir - the rest of the property has to go to residuaries - the son's son and daughter - the former takes 2/6 and the latter 1/6.
The Law of exclusion basically deals with specific situations where presence of one relative excludes the other also. For eg : in presence of sons - daughters are no more quranic heirs and take as residuaries.
As regards the Law of Return also known as doctrine of increase (Radd). Here after giving out shares to quranic heirs property remains - and no residuaries to take the property moves back to q.heirs in their proportions - If for example in a case P dies leaving behind mother & daughter - mother takes 1/6th and daughter 1/2 = 1/6 + 3/6 = 4/6. 2/6 i.e 1/3rd remains to be given. The total of numerators is 1 + 3 = 4. The ultimate share that they get is 1/4th and 3/4th respectively.
