Law of Inheritance(Muslim Law Sunni Law ).pptx

Muslim Law Of Inheritance ( Hanafi Law)

1. Law of Inheritance (Muslim Law: Sunni Law )

2. 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

3. 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

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

5. 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)

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

7. 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

8. 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

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

10. 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

11. 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

12. 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

13. 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

14. (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

15. (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

16. 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.

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

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