When a Muslim person passes away leaving behind property, several important questions arise such as 

1. Who are the rightful heirs?
2. How is the property divided among the heirs?
3. How are the deceased’s debts and liabilities handled?
4. Did the deceased leave a valid will (wasiyat)?
5. What happens to property held jointly with others?
6. How are gifts given by the deceased during their lifetime treated?
7. Are there any conflicts or disputes over the inheritance?

For this, it is necessary to be well-versed in the laws of inheritance that both Shia and Sunni traditions hold under Muslim Personal Law. There are principles in each sect regarding the division of inheritance. Understanding these principles is important because then the distribution of property can be done properly, according to law. The identification of legal heirs, distribution of shares, handling of debts and liabilities, validity of wills (wasiyat), and treatment of jointly owned property and lifetime gifts all have specific guidelines under both Sunni and Shia laws. It is therefore very important to understand the clear and concise rules governing the two systems so that disputes may be resolved in a proper manner and the estate of the deceased person is distributed properly. This article seeks to explain the inheritance laws in Sunni in a clear and reader-friendly manner.

Grounds for Inheritance:

The right to inherit is based on the following:
Sabab (valid marriage): Only two sharers, the husband and wife, inherit based on their marriage to the deceased.

Nasab (Consanguinity): Blood relationships create sharers entitled to inheritance.

Wala (Fictitious Relationship): In special cases, inheritance can be based on a fictitious relationship, such as freed slaves inheriting from their patrons.

Under Sunni law, the possible heirs and successors are classified as follows:

1. Relations by Marriage and Blood: These are divided into three categories:
   • Sharers: There are twelve specific relatives who are entitled to fixed shares of the estate. This includes close family members like children, spouses, and parents.
   • Residuaries: These heirs inherit the remaining estate after the sharers receive their fixed portions. They include male relatives such as sons, brothers, and paternal uncles, and four females who can be residuaries in certain situations.
   • Distant Kindred: This category includes all other blood relatives who are not directly covered under the sharers or residuaries.
2. Unrelated Successors:
   • Acknowledged Kinsman: A person whose kinship is acknowledged by the deceased, but not through their direct bloodline.
   • Universal Legatee: A person to whom the entire estate is left by the deceased through a will.

If none of these heirs exist, the property will go to the State or public treasury.

Order of Succession:

 Not all heirs inherit at the same time. Some heirs are excluded by others, leading to an order of succession:
Sharers & Residuaries: If the sharers’ portions use up the entire estate, residuaries will not inherit. Otherwise, sharers and residuaries together exclude distant kindred.

Within Each Class: Heirs within each class may exclude others.

• Sharers: Some sharers are excluded by others, and some may become residuaries.
• Residuaries: There are rules that divide residuaries into four classes, and some are excluded based on the class of others. Preference is given within each class.
• Distant Kindred: They are also divided into classes, with exclusion and preference rules applied within each class.

Sharers:

Their shares are fixed and determined.It includes relatives with fixed shares as prescribed by the Quran. Male sharers includes Husband, Father, True grandfather how highsoever , Uterine brother whereas female sharers includes Wife, Mother, True grandmother how highsoever , Daughter, Son’s daughter how lowsoever, Uterine sister, Full sister, Consanguine sister.

fixed shares for certain relatives:

1. Husband:
   • 1/2 if there are no children or grandchildren (male descendants).
   • 1/4 if there are children or grandchildren.
   • Father:
   • 1/6 as a sharer if there are children.
   • Residue if there are no children.
2. Wife (or Wives collectively):
   • 1/4 if there are no children or grandchildren.
   • 1/8 if there are children or grandchildren.
3. Daughter:
   • 1/2 if she is an only child.
   • 2/3 collectively if there are two or more daughters.
   • Residue if she shares with a son (the son gets double her share).
4. Son’s Daughter (Granddaughter):
   • 1/2 if there are no direct children.
   • 2/3 collectively if there are two or more granddaughters.
   • Residue if she shares with a grandson.
   • Excluded by a son or two or more daughters.
5. Mother:
   • 1/6 if there are children or siblings.
   • 1/3 if there are no children or siblings (shares this with the father).
   • 1/3 of the remainder if the deceased leaves a spouse and no children.
6. True Grandfather:
   •  1//6 When there is a child or a child of a son (h.l.s.) and no father or nearer true grandfather.
   • When there is no child or child of a son (h.l.s.), and no father or nearer true grandfather, inherits as residuary.
7. TrueGrandmother:
   • 1/6 each, but only the nearer one inherits.
8. Full Sister and Half-Sister (Consanguine):
   • 1/2 if only one.
   • 2/3 collectively if two or more.
   • Residue with full brothers.
9. Uterine Siblings:
   • 1/6 if only one.
   • 1/3 collectively if two or more.

Residuaries:

Relatives who inherit the remaining estate after sharers receive their shares. If there are multiple residuaries, they inherit equally if all are of the same gender. If there are both males and females, males receive double the share of females.If there are no sharers, they inherit the entire property. Their share depends on the amount of residue left, and they do not have fixed portions like sharers.

Classification of Residuaries

Residuaries are divided into four groups, based on succession order:

1. Descendants
2. Ascendants
3. Descendants of the father
4. Descendants of the true grandfather (how highsoever)

Details of Residuaries

1. Descendants

Son: Always a residuary. If a daughter exists, the son takes double her share.

Son’s Son: The nearer in degree excludes the more remote.Multiple sons’ sons inherit equally and Son’s sons take double the share of son’s daughters.

Son’s Daughter: Becomes a residuary when there is an equal son’s son, or a lower son’s son exists, provided she cannot inherit as a sharer. If she inherits with a lower son’s son and there are son’s daughters of the same grade, they share equally.

2. Ascendants

Father: Inherits as a residuary.

True Grandfather: The nearer in degree excludes the more remote.

3. Descendants of the Father

Full Brother: A residuary who takes double the share of a full sister.

Full Sister: Becomes a residuary:

• With a full brother.
• In the absence of a full brother, inherits the residue if there is a daughter or son’s daughter.

Consanguine Brother: A residuary who takes double the share of a consanguine sister.

Consanguine Sister: Becomes a residuary:

• With a consanguine brother.
• In the absence of a consanguine brother, inherits the residue if there is a daughter or son’s daughter.

And it also includes Full Brother’s Son, Consanguine Brother’s Son, Full Brother’s Son’s Son, Consanguine Brother’s Son’s Son

Male descendants of the above inherit in the same order, excluding the more remote by the nearer.

4. Descendants of the True Grandfather

 It includes Full Paternal Uncle, Consanguine Paternal Uncle, Full Paternal Uncle’s Son,Consanguine Paternal Uncle’s Son, Full Paternal Uncle’s Son’s Son, Consanguine Paternal Uncle’s Son’s Son

Male descendants of the above inherit in like manner, with the nearer in degree excluding the more remote.

Distant Kindred:

Distant kindred are blood relatives of the deceased who are neither sharers nor residuaries. They inherit only when no sharers or residuaries are present.

Distant kindred can be classified broadly into two types:

1. Blood Relatives of the Deceased

This category includes relatives related by blood and is further divided into four groups:

(i) Descendants of the Deceased

1. Children of daughters and their descendants.
2. Children of sons’ daughters (no matter how far down the line) and their descendants.

(ii) Ascendants of the Deceased

1. False grandfathers (distant paternal ancestors).
2. False grandmothers (distant maternal ancestors).

(iii) Descendants of the Deceased’s Parents

1. Daughters of full brothers and their descendants.
2. Daughters of consanguine brothers and their descendants.
3. Children of uterine brothers and their descendants.
4. Daughters of full brothers’ sons (regardless of how distant) and their descendants.
5. Daughters of consanguine brothers’ sons (regardless of how distant) and their descendants.
6. Children of sisters (whether full, consanguine, or uterine) and their descendants.

(iv) Descendants of Immediate Grandparents (True or False)

1. Daughters of full paternal uncles and their descendants.
2. Daughters of consanguine paternal uncles and their descendants.
3. Children of uterine paternal uncles and their descendants.
4. Daughters of full paternal uncles’ sons (regardless of how distant) and their descendants.
5. Daughters of consanguine maternal uncles’ sons (regardless of how distant) and their descendants.
6. Paternal aunts (whether full, consanguine, or uterine) and their descendants.
7. Maternal uncles, aunts, and their children, as well as the descendants of remoter ancestors (whether true or false).

2. Non-Blood Relatives of the Deceased

This group includes those who inherit in the absence of any blood relatives and are divided into four classes:

1. Successors by Contract: Individuals who inherit through a valid contractual arrangement with the deceased.
2. Acknowledged Kinsmen: Non-blood relatives whose relationship with the deceased has been officially acknowledged.
3. Universal Legatees: Persons named by the deceased in their will to inherit everything.
4. The Government: If no relatives or legatees exist, the government takes possession of the estate.

Distribution of the Estate:

• First, funeral expenses, debts, and legacies are settled.
• Step 1: Sharers receive their fixed shares.
• Step 2: Residuaries inherit the residue of the estate (if any).
• Step 3: If no sharers or residuaries exist, the estate goes to distant kindred.

Rules for Adjusting Shares:

Sometimes, when the prescribed shares are calculated, they may be more or less than the full estate. There are doctrines of increase (if shares exceed the estate) and return (if shares are less than the estate) to adjust the division.

Rules of Exclusion:

• Sharers exclude distant kindred and may exclude other sharers depending on proximity to the deceased.
• Residuaries exclude distant kindred but are excluded by sharers if the estate is exhausted.
• Within each class, nearer relations exclude more distant ones. For example:

• A father excludes a grandfather.
• A son excludes a son’s son.
• A daughter’s son excludes a daughter’s son’s son.

Example 

• If a Muslim dies leaving a widow and distant kindred:
  • Widow takes 1/4 as a sharer.
  • Remaining 3/4 goes to distant kindred.
• If a Muslim woman dies leaving a husband and distant kindred:
  • Husband takes 1/2 as a sharer.
  • Remaining 1/2 goes to distant kindred.

Conclusion :

So , The knowledge of Muslim inheritance laws is essential  to the distribution of assets fairly according to the religious precepts. However, the intricate nature of the rules, from varying shares between heirs to differentiation between Sunni and Shia interpretations can very easily lead to confusion or controversy if not stated with clarity. So , Seeking professional legal advice is essential in order to navigate these intricate legalities. 

A lawyer who specializes in Islamic inheritance laws can offer personalized guidance in line with religious directives and according to individual circumstances. For professional assistance in understanding all this rules and for knowing accurate share of yours in any property you can consult experts at www.asmlegalservices.in, www.easywillindia.com, or the author of this article at www.lifeandlaw.in, who can guide you in the easiest way.

Reference:

• Text book on Mohammedan Law by Aqil Ahmad

Adv. A. S. Mulla

Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….