Q: Explain the heirs in Muslim Inheritance law ?
Ans: In Islamic law of Inheritance, there are three types of heirs,i.e., 1. Sharers or Quaranic Heirs, 2. Residuaries, 3. Distant Kindred.
Firstly the property is distributed among quaranic heirs, then residuaries and after distribution to residuaries if the property is still residue, it will be transferred back to quaranic heirs. If the quaranic heirs and residuaries are not present, the property will be distributed among distant kindred.
There are 12 persons in quaranic heirs and out of them, 4 persons are male and rest 8 persons are females. Son is included in residuaries and not in quaranic heirs but if son is present, it will also convert the daughter into residuaries.
Similarly Consanguine brother is not included in quaranic heirs and is included in residuaries but the presence of consanguine brother will convert the consanguine sister into residuaries.
Similarly Son's son is not included in quaranic heirs and is included in residuaries but the presence of son's son will convert the son's daughter into residuaries.
The list of quaranic heirs are as follows:
A. Husband, Father, True Grandfather, Uterine brother are males.
B. Wife, mother, daughter, son's daughter, full sister, consanguine sister, uterine sister and paternal grandmother are females.
Note:
Full sister and Full brother: If parents i.e., both mother and father are same.
Half Sister and Half brother: If one of two parent is common i.e., either mother or father.
Half Sister and Half brother are of two types:
1. Uterine: If mother is same and fathers are different.
2. Consanguine: If father is same and mothers are different .
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