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MUSLIM INHERITANCE

Table of Contents

QUESTION BANK

Q.1. Explain the general principles of succession under Muslim Law.

Q.2. Explain the Hanifi Law of inheritance.

SHORT NOTES

Doctrine of ‘Increase’ (Aul).
Doctrine of ‘Return’ (Radd).
Universal Legatee.
State (Escheat).

SYNOPSIS

I] INTRODUCTION.

II] GENERAL PRINCIPLES OF INHERITANCE.

What property is heritable?
Joint family system not recognised.
When inheritance opens.
Inheritance in case of missing heir and child in mother’s womb.
Rule of representation.
Rule of Exclusion.

a). Conversion to anothereligionson (apostasy).

b). Murderer.

c). Illegitimate Children.

d). Step relations.

e). Childless widow.

f). Disqualification provided by some law or custom.

Rule of Primogeniture.
Rule of vested inheritance.
Rule of ‘Spes Successions’ (Chance of Succession).

III] HANIFI LAW OF INHERITANCE.

Heirs affiliated by marriage and blood consanguinity.
a) Sharers or Koranic heirs
b) Residuary-
c) Distant Kindred-
Successors, not affiliated either by marriage or by blood- they are
a) Acknowledged kinsman.
b) Universal Legatee-
c) State-
Order of succession among heirs and succession.
Heirs affiliated by marriage and blood or consanguinity.
General rules of succession in sharers.
a) Exclusion by roots.
b) The rule of proximity.
c) Exclusion by blood.
When sharers become residuary.
Extent of shares.

(1) Heirs affiliated by marriage or affinity-

A) Sharers (or Koranic heirs).
i) Share of husband.
ii) Share of wife.

iii) Ascendant.

a) Father.
b) True Grandfather.
c) Mother.
d) True grandmother (h.l.s).

iii) Descendents-

a) Daughter.
b) Sons daughter.
iv)
a) Full sister.
b) Consanguine sister-
c) Uterine brother and sister-

The doctrine of “increase” (Aul)-

Doctrine of ‘Return’ (Radd)-

Difference between the doctrine of ‘Increase’ and ‘Return’-

B) Residuaries (Agnatic Heirs).
a) Descendants-

1) Son and Daughter-

2) Sons son h.l.s-

b) Ascendants-

1) Father –

2) True grandfather h.l.s-

c) Descendants of the father-

1) Full brother-

2) Full sister-

3) Consanguine brother and sister-

4) Full brothers son-

5) Consanguine brother’s son’s son.

d) Descendants of true grandfather h.l.s-

Residuaries that are primarily Sharers-

C) Distant Kindred- (Heirs affiliated by blood)-
a) Descendants of the deceased-
b) Ascendants of the deceased-
c) Descendants of parents.
d) Descendants of immediate grandparents, true or false-

Rules of succession among Distant Kindred-

(2). Successors, not affiliated either by marriage or by blood- they are

a) Acknowledged kinsman.
b) Universal Legatee
c) State (Escheat).

I] INTRODUCTION:-

Inheritance or succession is the process by which a person becomes entitled to the interest in a deceased person’s property. In other words, the law of inheritance deals with rules which govern the devolution of property on the death of its owner (if the deceased has not disposed of his property by making a will). Here, we are concerned with the distribution of property when a person dies intestate and not when he dies by making a will (i.e. testamentary succession). The personal law of the deceased applies to the succession. The Muslim Law of succession is totally based on the pre-Islamic customary law of succession. It is based on the patriarchal form of family. Under Muslim Law, all property is devored by succession, so the rights of heirs come into existence only upon the death of an ancestor.

II] GENERAL PRINCIPLES OF INHERITANCE[1]:-

The following topics are discussed under this head-

1) What property is Heritable[2]?

What is left after deducing funeral expenses, debts, and legacies out of the property[3] of the deceased is heritable property. It includes both movable and immovable property.

A Muslim Law, unlike Hindu Law, does not make any distinction between ancestral and self-acquired property[4] nor between movable and immovable property.

2) Joint family system not Recognised[5]:-

Like Hindu Law, the Joint Family system or joint property is unknown to Muslim Law. If they carry any business in the family that cannot be termed a Joint-Muslim Family business, their rights and shares are determined by express or implied agreement in them.

3) When inheritance Opens[6]:-

The rule as to the opening of inheritance is well described in the case-

A. Patel V/s J. N. Kazi

(2002 (I) Mah. L. R. 112).

Bombay High Court held that a Muslim’s estate devolves upon heirs only after his death. Before his death, nobody could claim any right to his property. A right by birth, like Hindu Law, is unknown to Muslim Law.

4) Inheritance in case of missing heir and child in mother’s womb[7]:-

When a person dies, his estate immediately vests in heirs. But if any of his heirs is missing, then his specific share shall be reserved until he reappears or is presumed dead under law. And if he is the only heir to inherit the deceased’s entire estate, it shall be reserved.

So also, a child in the mother’s womb is entitled to inherit. Its share is kept reserved till he is born alive.

5) Rule of Representation:-

The principle of representation is recognised by Shias and not by Sunnis.

The principle of representation connotes division of estate Per-Stripe[8] among Shias. Under Sunni law, since the principle of representation is not recognised, the division of estate takes place according to the rule of per-capita[9].

Per-Capita: Under Sunni Law, when a number of individuals take the property in equal shares, they are called taking per capita.

Per-Stripe: Under Shia Law, when property is distributed according to stocks or branches and not according to the number of individuals, it is called taking per stripes.

For example, A Shia leaves two grandsons, X and Y, from his predeceased (dead before A) son Z, and also one ‘F’ from his (another) predeceased son ‘W’. Here, as the rule of representation applies among Shias, the division shall be per-stripe; accordingly, X and Y will both get ½ while ‘F’ alone will get ½. If the estate were to be divided per capita (in the case where A had been a Sunni Muslim), the three grandsons would have gotten 1/3^rd each.

Another connotation of the rule of representation is that under Sunni Law, the expectant right of an heir apparent[10] cannot pass by succession to his heir, nor can it pass by bequest[11] to a legatee[12] under his will.

E.g. X, a Sunni Muslim, has two sons, Y and Z; the first son, Y, dies during the lifetime of his father, leaving a son. Afterwards, X dies, leaving his second son Z and the grandson by the predeceased son Y. Here, under Sunni law, the principle of representation is absent; the surviving son will get the whole property, excluding his nephew (Z), i.e. grand son of X. here, in this case, the grandson cannot claim his father’s share because in the lifetime of X, (therefore succession was not opened) the first son died. But here, if X were a Shia Muslim, the nephew would have got ½ share in the property as representative of the first predeceased son.

6) Rule of Exclusion[13]:-

According to the rule of exclusion, certain persons are disqualified from inheriting property even though they are heirs. Muslim law imposes such disqualifications on some grounds.

These grounds are as follows-

a) Conversion to other religion (apostasy)[14]:-

Under Muslim Law, an apostate (non-Muslim) is not entitled to inherit property from a deceased Muslim. However, in India, this disability was removed by the Caste Disabilities Removal Act of 1850. now, even converted from Islam can inherit the property of a deceased Muslim person, whose heir he is.

b) Murderer:-

A murderer of a person is excluded from his succession. Under Sunni law, a person who caused the death of another, either intentionally or accidentally, can not succeed in his property. But under Shia Law, if death is caused by accident, then he can inherit, but not when it is caused intentionally.

c) Illegitimate Children[15]:-
i) Shia Law- An illegitimate person, being the child of none, is disqualified from inheriting his mother and father.
ii) Sunni Law- An illegitimate child is entitled to inherit his mother but not his father.
d) Step Relations[16]:-

Step-relations have no mutual rights of inheritance.

e) Childless Widow:-

Under the Shia Law, a childless widow is not entitled to a share in her husband’s property if there are other heirs present.

f) Disqualification provided by some Laws or Custom:-

Some laws or customs may provide disqualifications excluding the heirs from the inheritance, such as the custom of primogeniture[17] or excluding daughters from inheritance.

In Mohd. Yunis V/S Malooki

( AIR 2004 P&H 115).

Facts: A woman was restricted by customs from transferring landed property. It was non-ancestral property inherited by her from her husband.

Issue- whether she was entitled to transfer property or prevented by customs from transferring the same.

Held:– that the prevailing custom was the pre-constitutional custom, which is not valid since it violates the equality clause under the constitution. Hence, she was entitled to transfer property.

7) Rule of Primogeniture:-

The rule of primogeniture is that where a person has several sons, the eldest son has a preferential claim over the deceased father’s estate. Sunnis do not recognise this rule, but according to Shias, the eldest son has exclusive rights over his father’s wearing apparel, Koran, ring, sword, horse, etc.

8) Rule of vested inheritance[18]:-

A ‘vested inheritance’ is the share vested in an heir at the moment of the death of propositus (whose property is claimed). If any of the heirs dies before actual distribution, the share of the inheritance, which has already vested in him, will pass to his heirs.

9) Rule of ‘Spes Successions’ (Chance of Succession)[19] :-

Under Muslim Law, unless a person dies, no succession opens. Therefore, before his death, nobody can claim any right to his property on the ground that he is an heir. Hence, during a person’s lifetime, all an heir has is a mere chance of inheritance, i.e., spes succession.

Therefore, mere spes successionis (Chance of succession) cannot be the object of a valid transfer. Therefore, an heir cannot sell the property he can get from his father’s property.

As soon as a person dies, spes successionis (Chance of succession) becomes vested interest (right of inheritance).

III] HANIFI LAW OF INHERITANCE.

Generally, the Sunni Law is led by the Hanifis because, in India, most of the Sunnis are Hanifis. We will discuss the Hanifi Law of inheritance.

When a Mohammedan dies, the following two questions arise for the consideration of succession-

Who are the heirs and successors of the deceased? And
To what shares are they entitled?
A) Who are the heirs and successors?

Following are the heirs and successors on whom the estate of the deceased Muslim devolves-

1) Heirs affiliated by marriage and blood or consanguinity[20]:-

a) Sharers or Koranic heirs – These are twelve persons entitled to the specified shares.
b) Residuary[21]– those persons whose shares are not specified but are entitled to take residue after the sharers take their specified shares.
c) Distant Kindred[22]– those persons who are neither sharers nor residuaries.

2) Successors, not affiliated either by marriage or by blood- they are:-

a) Acknowledged kinsman[23].

An acknowledged kinsman is a person of unknown descent in whose favour the deceased has acknowledged kinship, not through himself but through another.

b) Universal Legatee[24].

A universal legatee is a person to whom the deceased had left the whole of his property by will.

In the absence of above all heirs, the deceased’s estate will be escheated to the State.

3) Order of succession among heirs and successors.

Succession takes place in the following order-

a) Firstly, the sharers entitled to specified sharers should be given the shares to which they are entitled.
b) Secondly, after the sharers take their specified shares, the residuary shall give the residue. And if the husband and wife are the only heirs after allotting his or her share, the residue shall also devolve on the husband or wife, as the case may be.
c) Thirdly, if there are neither sharers (other than husband and wife) nor residuary, the estate shall (after allotting the share of the husband or wife) devolve on the distant kindred.
d) Fourthly, in the absence of all heirs affiliated by marriage and blood, the estate of the deceased shall devolve on the acknowledged kinsman; in the absence of them, it devolves on the universal legatee and in the absence of him, the State will get the estate of the deceased.

4) Heirs affiliated by marriage and Blood or Consanguinity.

Heirs affiliated by marriage and blood or consanguinity are as follows-

A) Sharers:-

The following twelve heirs are entitled to inherit as sharers.

a) Heirs affiliated by marriage or affinity-
i)
ii)
b) Heirs affiliated by blood or consanguinity.
i) Male ascendants[25]–
a)
b) True grandfather[26], how high soever (h.h.s).
ii) Female ascendants
a)
b) True grandmother[27] how high soever (h.h.s).

iii) Female agnatic[28] descendants[29].

a)
b) Son’s daughter, how low soever (h.l.s).
iv) Female agnatic collaterals.
a) Full Sister.
b) Consanguine Sister.
v) Cognatic[30] Collaterals[31].
a) Uterine[32] brother, and
b) Uterine sister.

5) General rules of succession in sharers:-

All the twelve sharers cannot take their specified sharers at one and the same time. Five sharers, i.e. the husband or wife, father, mother and daughter, cannot be totally excluded from inheritance. Father may inherit both as a sharer and as a residuary. A daughter may inherit either as a sharer or as a residuary. However, the other seven sharers may be totally excluded from inheritance in the following circumstances.

a) Exclusion by roots:-

A sharer will exclude the other sharer who is connected with the deceased through him (i.e., the sharer). For example, the father excludes his father, mother, sisters, and brothers because they are all connected with the deceased due to the father. Similarly, the mother excludes her mother.

b) The rule of proximity[33]:-

This rule applies to sharers and residuary, i.e. a nearer blood relation will inherit in preference to the remote. E.g. Father excludes his father (true grandfather).

c) Exclusion by blood:-

Full blood excludes the consanguine half blood but not the uterine.

6) When sharers become residuary:-

Certain sharers become residuaries on account of the existence of certain other near relations under the following circumstances-

i) The father and true grandfather h.h.s. (how high soever), become residuaries when

the deceased has no child or a child of son h.l.s.

ii) The daughter becomes residuary when the deceased is survived by a son.

iii) The son’s daughter h.l.s becomes residuary when the deceased is survived by a

son’s son h.l.s.

iv) Full sister becomes residuary when the deceased is survived by a full brother.
v) Consanguine sister becomes residuary when the deceased is survived by a consanguine brother.

7) Extent of share:-

The extent of share is mentioned below-

(1) Heirs affiliated by marriage or affinity:-

A) Sharers (or Koranic Heirs):-
i) Share of husband:-

The husband’s share in the deceased wife’s property is ¼ when there is a child or child of son h.l.s (how low soever). But when there is no child or child of son h.l.s, the husband’s share increases to ½.

ii) Share of wife[34]:-

The share of the wife in the deceased husband’s property is 1/8 (if there are two or more wives collectively entitled to 1/8 share) when there is a child or child of a son h.l.s. When there is no child or child of a son h.l.s. the wife’s share increases to ¼.

ii) Ascendants[35]:-
a) Father:-

Father’s share in deceased son’s property is 1/6, when there is a son or son’s son h.l.s. However, when there is no child or child of a son h.l.s, he becomes a resident. However, when there is no son, h.l.s, but if there is any daughter or son’s daughter, he inherits as a sharer as well as residuary.

b) True Grandfather:-

True grandfather inherits the grandson’s property only in the father’s absence and to the same extent as the father.

c) Mother:-

Mother’s share in deceased son’s or daughter’s property is 1/6-

i) When there are children or
ii) When there are two or more brothers or sisters (full consanguine or uterine).

But her share increases up to 1/3,-

i) When there is no child or son’s child, h.l.s.
ii) When there is one brother or sister (full, consanguine or uterine).

However, when a wife, husband, or father is alive, she is entitled to only 1/3 of what remains after deducting the husband’s or wife’s estate.

d) True grandmother (h.l.s):-

The true grandmother (and if there are more than one, all of them together) gets 1/6 of the estate.

Maternal grandmother inherits- when no mother, no father, no nearer true grandmother, either paternal or maternal, and no true intermediate grandmother exists.

iii) Descendents[36]:-

a) Daughter:-

The daughter’s share in the deceased parent’s property is ½ (2/3 when there are two or more than two sisters); when there is no son, with the son, she becomes residuary.

b) Son’s daughter:-

Son’s daughter’s share is ½ only when there is no- i) son ii) daughter, iii) higher sons son iv) higher sons daughter, or iv) equal son’s son (with equal sons son she becomes residuary). However, if there are two or more sons and daughters, they share 2/3 collectively.

However, if there is only one daughter and no other sharers, the daughter will inherit ½, and the son’s daughter (h.l.s.), whether one or more, will get 1/6.

iv) Collaterals[37]:-
a) Full sister:-

Full sister’s share in deceased brother’s property is ½ (2/3 collectively if more than one) when there is –

i) no child, ii) child of a son, h.l.s. or iii) father or iv) true grandfather h.l.s. or v) full brother. With a full brother, she becomes a resident.
b) Consanguine sister:-

The consanguine sister inherits, in the absence of her full sister, all the relatives mentioned above and the consanguine brother (with the consanguine brother, she becomes a residuary).

c) Uterine brother and sister:-

Uterine brother or sister gets 1/6 if one and 1/3 if more than one. They inherit only in the absence of i) a child, ii) a child of a son (h.l.s), iii) a father, or true grandfather.

Illustrations- If surviving are -.

(a) Father. 1/6(as a sharer, because there are daughters)

Father’s father. (excluded by father).

Mother 1/6 (because there are daughters).

Mother’s mother ….. (excluded by mother).

Two daughters… 2/3.

Son’s daughter.. (excluded by daughters)[38].

(b) Husband ½.

Father 1/2 (as residuary).

Father 3/4 (as residuary)[39].

The doctrine of “Increase”[40] (Aul):-

Cases arise in which the total share of the sharers exceeds the heritable property. In these cases, the share of the sharers decreases proportionately. This doctrine seems ironical (misnomer) because what it states contradicts what the name suggests. However, in such a circumstance, the denominator[41] is increased to match the total of the numerator (i.e. the total of the unit).

For example, if the surviving couple is a husband and two full sisters, Their share will be

Husband – ½ (as there is no child or child of son h.l.s),

2 Sisters (together will succeed)to 2/3 (as there is no son). Thus, the total of ½+2/3 = 3/6+4/6=7/6; thus, the total exceeds unity (i.e. whole). Therefore, the property falls short of distribution by one share. This problem is solved by increasing a common denominator to the sum of numerators and thus reducing fractions without disturbing the proportion between them. Thus, in the above illustration, the sum of the numerator is 7, and the sum of the common denominator is 6; hence, the common denominator is to be increased by 1 (since it falls short by one fraction, making it) 7. Then, the equation will be = 3/7+4/7=7/7, i.e. 1. This doctrine is called ‘increase’ not because the shares are increased but because the denominator is increased, thereby reducing the share.

Illustrations-

a) Husband ½=3/6 reduced to 3/7.

Full sister ½=3/6 reduced to 3/7.

Sister 1/6=1/6 reduced to 1/7.

7/6 7/7 (i.e. 1).

b) Husband ½=3/6 reduced to 3/8.

Two full sisters 2/3=4/6 reduced to 4/8.

Mother 1/6=1/6 reduced to 1/8

8/6 8/8. (i.e. 1).

c) Husband ¼=3/12 reduced to 3/15.

Father 1/6=2/12 reduced to 2/15.

Mother 1/6=2/12 reduced to 2/15.

3 Daughters 2/3=8/12 reduced to 8/15

15/12 15/15 (i.e. 1).

The doctrine of ‘Return’ (Radd)[42]:-

This doctrine is contrary to the above doctrine of Increase. If the total share of all the sharers is less than the heritable property, the residue goes to the heirs of the residuaries’ class. However, if there is no residuary, the residue will not go to the distant kindreds but will return to the sharers and be distributed among them proportionately. However, neither the husband nor the wife is entitled to the Return, so long as there is any other heir, the residue will go to the husband or the wife, as the case may be.

For example, if A dies, he will leave behind his mother and a son’s daughter (both are sharers) and have no residuaries. Thus-

Mother 1/6 (as sharer)

Son’s daughter ½(as sharer).

However, the total of both shares is 2/3, leaving 1/3 of the property as surplus; no residuary can take it. Hence, the surplus reverts to the sharers in proportion to their shares. This is done by reducing the fractional shares to a common denominator and decreasing the denominator of those shares to make it equal to the common numerators (i.e. 1+3)=4. Thus, in the above illustration, the shares of mother and son’s daughter are reduced to the common denominator, i.e. making it ¼+3/4=4/4 (i.e. 1).

Illustrations-

a) A Mohammedan dies, leaving a widow as his sole heir. The widow will take ¼ as a sharer and the remaining ¾ by Return. The surplus ¾ does not escheat to the Crown[43].
b) Husband ½

Mother ½ (1/3 as sharer and 1/6 by Return).

c) Mother 1/6 increased to 1/5.

Daughter ½=3/6 increased to 3/5.

Son’s daughter 1/6 increased to 1/5

5/6 5/5 (i.e. 1).

d) Husband ¼ =4/16.

Mother 1/6 increased to ¼ of (3/4)=3/16.

Daughter ½=3/6 increased to ¾ of (3/4)=9/16.

11/12 16/16(i.e. 1).

Difference between the doctrine of ‘Increase’ and ‘Return’:-

Following are some of the differences between these doctrines, namely-

In ‘increase’, the total of shares is more than unity (i.e. total distributable property), whereas, in ‘return’, the total falls short of unity.
In ‘increase’, the shares of the sharers undergo rateable reduction (i.e. proportionate reduction). In ‘Return’, the shares or sharers undergo a rateable increase.
In ‘increase’, the share of the husband or wife suffers from rateable reduction along with other sharers. Whereas, in ‘Return’, the husband or wife does not benefit from return as long as there is any other heir, whether sharer or distant kindred.
B) Residuaries:-

Residuaries are those relatives who get the residue, if any, left after the satisfaction of the sharer’s claim. If there are no sharers, the whole of the heritable property will be treated as residue. Thus, Their share depends on the amount of residue left in each case. They don’t get a fixed share like the sharers. The residuaries and their shares are as follows-

a) Descendants:-

1) Son and Daughter:-

The daughter takes a residuary with the son; the son takes a double portion.

2) Sons son h.l.s:-

The nearer in degree excludes the more remote. Two or more son’s sons inherit equal shares. The son’s daughter, H.L.S., takes the role of residuary with an equal son’s son. If there is no equal son’s son but there is a lower son’s son, she takes it as a residuary with him, provided she cannot inherit it as a sharer. In either case, each son’s h.l.s takes double the share of each son’s daughter’s h.l.s.

b) Ascendants-

1) Father

2) True grandfather h.l.s

The nearer in degree excludes the more remote.

c) Descendants of the father:-

1) Full brother:-

Full sister takes as a residuary with full brother, the brother, taking a double portion.

2) Full sister-

In default of the full brother and other residuaries named above, the full sister takes the residue, if any.

3) Consanguine brother and sister-

The consanguine sister takes a residue with a consanguine brother, the brother taking a double portion.

4) Full brothers son-

5) Consanguine brother’s son’s son.

d) Descendants of true grandfather h.l.s-

Full paternal uncle, consanguine paternal uncle, full paternal uncle’s son, consanguine paternal uncle’s son (followed by male descendants of a more remote ancestor)

Illustrations-

The following illustrations state the distribution of property after satisfying the sharer’s claim-

a) Son 2/3 as residuaries).

Daughter 1/3 (as residuaries).

b) 2 Sons 4/7 (as residuaries, each son taking 2/7)

3 daughters 3/7(as residuaries, each daughter 1/7).

c) Son’s son 2/3 (as residuary)

Son’s daughter 1/3 (as residuary).

Residuaries that are primarily Sharers:-

Referring to the Table of Sharers and Residuaries, it will be noted that there are six sharers who inherit under certain circumstances as residuaries. These are the father and true grandfather h.h.s., the daughter and son’s daughter h.l.s., and the full sister and consanguine sister. Out of these relations, only the father and true grandfather inherit as sharers and residuaries in certain events. In fact, they are the only relations that can be inherited in a double capacity. The other four, all females, inherit either as sharers or residuaries.

C) Distant Kindred- (Heirs affiliated by blood):-

In the absence of sharers and residuaries, the estate of the deceased Mohammedan devolves into the distant kindred. Distant kindred are all those blood relations (males or females) of the deceased who have not found a place either among the sharers or residuaries.

There are following four classes of distant kindred-

a) Descendants of the deceased-
i) Daughters, children, and their descendants.
ii) children of son’s daughters, h.l.s and their descendants.
b) Ascendants of the deceased-
i) False grandfather h.h.s.
ii) False grandmother, h.h.s.
c) Descendants of parents.
i) Full brother’s daughter and her descendants.
ii) Consanguine brothers, daughters, and their descendants etc.
d) Descendants of immediate grandparents, true or false-
i) Full paternal uncle’s daughters and their descendants, etc.
ii) Consanguine paternal uncle’s daughters and their descendants[44]

Rules of succession among Distant Kindred[45]–

The first class excludes the second, second to third, and so on.
The nearer in degree excludes the remoter one.
As among the members of the same class and the same degree, the children of sharers and residuaries are preferred to those of distant kindred.

2) Successors, not affiliated either by marriage or by blood[46]– they are:-

a) Acknowledged kinsman[47].

An acknowledged kinsman is a person of unknown descent in whose favour the deceased has made acknowledgement of kinship or relationship, not through himself but through another. For example, if A acknowledges a person as his uncle (i.e., the brother of his father), the acknowledgement is made through his father and is hence valid. However, suppose he acknowledges a person as his own son; such a person will not be an acknowledged kinsman because the kinship is direct and not through another.

b) Universal Legatee[48]–

A universal legatee is a person to whom the deceased has left the whole of his property by will. It can be made only when there is neither any heir of the first kind nor the above-mentioned heirs of the second kind.

c) State-

In the absence of above all heirs, the estate of the deceased goes to the State by the operation of law. This law is known as the law of escheat.

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[1] वारसा हक्काची सर्वसाधारण तत्वे [वंशानुक्रम के सामान्य सिद्धांत]

[2] कोणती मालमत्ता वारसा हक्काने येते s[कौन सी संपत्ति विरासत में मिलती है]

[3] अंत्यविधी खर्च, मृत्यूपत्राने दिलेली संपत्ती [मृतक की संपत्ति में से अंत्येष्टि व्यय, ऋण और विरासत को घटाने के बाद जो कुछ बचता है वह “पैतृक संपत्ति” है]

[4] वारसाहक्काने आणि स्वतः मिळवलेली संपत्ती [स्वयं अर्जित संपत्ति]

[5] एकत्र कुटुंब पध्दतीला महत्व नाही [संयुक्त परिवार प्रणाली को मान्यता नहीं]

[6] वारसा हक्क कधी चालू होतो [कब विरासत खुलती है]

[7] हरवलेला वारस तसेच आईच्या पोटातील मूल यांचा वारसाहक्क [मां के गर्भ में वारिस और बच्चे के लापता होने की स्थिति में विरासत]

[8] शाखेप्रमाणे [प्रति-पट्टी]

[9] दरडोई Z[प्रति व्यक्ति]

[10] वारसास मिळू षकणारा हिस्सा [उत्तराधिकारी का प्रत्याशित अधिकार]

[11] मृत्युपत्राने मिळालेली मिळकत [वसीयत]

[12] मृत्युपत्राने नियुक्त झालेला वारस [वसीयत करने वाला]

[13] हिस्सा घेण्यास अपात्रतेचा नियम [बहिष्करण का नियम]

[14] धर्मांतर [दूसरे धर्म में परिवर्तन]

[15] अनौरस मूल [नाजायज बच्चे]

[16] सावत्र नातेसंबंध [सौतेला संबंध]

[17] एकाच आई-वडिलांचे पहिले मूल असल्याने येणारा संपत्तीचा सर्व वारसा [ज्येष्ठाधिकार]

[18] हक्क निष्चितीचा नियम [निहित विरासत का नियम]

[19] हिस्सा मिळण्याची संधी/वारसा संधी [उत्तराधिकार की संभावना]

[20] Consanguinity is the relationship of a persons descended from a common ancestor.

लग्न-रक्त संबंध [सगोत्रता एक सामान्य पूर्वज के वंशज व्यक्तियों का संबंध है]

[21] शिल्लक [शेष]

[22] लांबचा नातेवाईक [दूर के रिश्तेदार]

[23] मानलेला नातेवाईक [मान्यता प्राप्त रिश्तेदार]

[24] वैष्विक मृत्यूपत्राने नियुक्त वारस की ज्याला सर्व संपत्ती दिलेली आहे. [सार्वभौमिक वसीयत दार]

[25] Ascendants are the ancestors of the deceased including the ancestors of the parents upto any degree of ascent.

[26] A true grandfather is a male ascendant however distant between whom and deceased no female intervenes. E.g. the father’s father, the father’s father’s father and his father h.h.s.

[27] A true grandmother means a female ancestor between whom and deceased, no false grandfather intervenes. Thus the fathers mother, mother’s mother, fathers mother’s mother etc.

[28] An agnate is related to the deceased wholly through males.

[29] Descendants are the off spring of the deceased including the off spring children upto any degree of descent.

[30] A cognate is related to the deceased through one or more females.

[31] Collaterals are descendants in parallel lines from a common ancestor.

[32] When the two persons have the same mother but different fathers they are related with each other by uterine blood.

[33] जवळीकता नियम [निकटता का नियम]

[34] बायकोचा हिस्सा

[35] पूर्वज/मयतापासून वरचे क्रमातील वारस [पितर]

[36] वंशज/मयतापासून खालील क्रमाने वारस

[37] समान दर्जाचे/मयताशी समांतर असलेले

[38] In order to understand the distribution of property among heirs, the students should know the following mathematical equation-

1/6+1/6+2/3= 1/6+1/6+4/6 =6/6.

First of all we will have to find out common denominator i.e. 6 in above case. Therefore, to convert 3 into common denominator (i.e. 6), we will have to multiply it with 2. Hence, the numerator 2 (of denominator 3) is also to be multiplied by 2. Thus, the second equation will come i.e. 1/6+1/6+4/6 and at last, the sum total will be 6/6 i.e. 100% (i.e. one unit).

[39] (d) Mother 1/3.

Father 2/3 (as residuary).

(e) Mother 1/6 (because there are two Sisters).

Two sisters — (excluded by father).

Father 5/6 (as residuary).

(f) Mother 1/3.

Sister (excluded by father).

Father 2/3 (as residuary).

(g) Husband ½

Mother 1/6

Father 1/3 ( as residuary).

(h) Mother 1/6

Brother (excluded by father).

Sister (excluded by father).

Father 5/6.

(i) Widow ¼

Mother ¼

Father ½

(j) Husband ½

Mother 1/3

Father’s father 1/6 (as residuary)

(k) Father’s mother ¼ ( being a true Pat, grandmother, is excluded by father)

Mother 1/6. (Being a true Matriarchal, grandmother, is not excluded by father)

Father 5/6. (as residuary).

Father’s mother 1/6 (each taking ½).

Mother’s mother Father’s father 5/6.(as residuary).

(l) Father’s mother’s mother 1/6.

Father’s father 5/6 (as residuary).

(m) Father’s mother (excluded by father).

Mother’s mother’s mother (excluded by father’s mother who is a nearer true grandmother).

Father … takes the whole as residuary.

(n) Father 1/6

Mother 1/6

3 son’s daughters, of whom

one is by one son and the

other two by another son. 2/3 (each taking 2/9).

(o) Father 1/6 (as sharer).

Mother 1/6

Daughter ½

4 sons daughters. 1/6 (each taking 1/24).

(p) Mother 1/6.

2 Full sisters 2/3 (each taking 1/3).

Consanguine Sisters (excluded by full sister).

Uterine Sister 1/6

[40] वृध्दीचा नियम [वृद्धि]

[41] भाजक

[42] Úहासाचा नियम [यह सिद्धांत वृद्धि के उपरोक्त सिद्धांत के विपरीत है]

[43] Held in Mohomed Arshad v. Sajida Banoo (1878)

[44] काकांची मुलगी आणि त्यांचे वंषज [वंशज]

[45] दूरचे नातेवाईकांमधील वारसा नियम [दूर के रिश्तेदारों के बीच उत्तराधिकार के नियम]

[46] लग्नाव्दारे किंवा रक्ताव्दारे नसलेले वारस

[47] मानलेले नातेवाईक [मान्यता प्राप्त रिश्तेदार]

[48] वैष्विक मृत्यूपत्राच्याव्दारे सर्व मिळकत दिलेला वारस