Muslim Succession Laws


The devolution of inheritance for Muslims is governed under Muslim Personal laws based on the Islamic customary laws taken from their primary source, The Holy Quran. The Muslim Succession Laws are handled as per the Muslim Shariat Act, 1937.

Under the Sharia law, the entire assets of the deceased must be transferred or shared among his legal heirs. Apart from this, when a person dies there are certain obligations that had to be undertaken from his assets left behind, they are:

  • Basic expenses relating to the funeral such as transportation cost to cemetery, grave digger’s wage.
  • Repayment of his outstanding debt 
  • Fulfilment of his Will: Provided the Will does not exceed 1/3rd of the entire estate and it’s not in favour of an heir. If any or both these conditions are not satisfied, the validity of the Will is subject to approval of all the heirs. In the failure of the above conditions, the Will is considered void.
  • The remaining estate after fulfilling the above three conditions are then inherited by the rightful heirs.

The Sharia law recognises that when it comes to succession the husband and wife are equally entitled to the inheritance from their spouse. But, if the woman gets married to her husband during his illness, and the marriage has not been consummated, in the event of her husband’s death due to the illness, the widow is not entitled to the inheritance of her spouse.

On the basis of the belief and customs followed, there are two sects of Muslims: Sunni and Shia Muslims. The difference in the following of quranic principles also creates a difference in the rules of inheritance.

Rules of Inheritance under Sunni Law of Inheritance

The heirs are classified into two categories: Principal Class of heirs and Subsidiary Class of heirs.

The principal class of heirs include:

1. Quranic heirs: The Quranic heirs or the sharers are entitled to a certain share in the deceased person’s property. 

2. Residuaries: They receive the remaining share of the property that is left after the sharers have taken their part. 

3. Distant Kindred

Subsidiary class of heirs include:

1. Successor by contract 

2. Acknowledges kinsman 

3. Sole legatee 

4. Escheat 

Quranic Heirs

There are 12 Quranic sharers:

1. Husband 

2. Wife 

3. Daughter 

4. Son’s daughter 

5. Father 

6. Paternal Grandfather 

7. Mother 

8. Grandmother in the male line 

9. Full Sister 

10. Consanguine sibling 

11. Uterine sisters 

12. Uterine brothers

Residuaries:

Residuaries by themselves: They are those heirs that inherit the whole estate when they are the only heirs but in the presence of other heirs, they become the residue.

They are:

1. Son 

2. Grandson/his descendant 

3. Father 

4. Grandfather/his ascendant 

5. Full brother 

6. Consanguine brother 

7. Full brother’s son or his descendant 

8. Consanguine brother’s son or his descendant 

9. Full paternal uncle 

10. Half paternal uncle 

11. Full paternal uncle’s son or his descendant 

12. Half paternal uncle’s son or his descendant 

Residuaries by another: When they are the only heir, they receive 1/2 or 2/3 share, but in the presence of certain heirs, they share the residue with them.

They are: 

1. Daughter 

2. Granddaughter through son 

3. Full sister 

4. Consanguine sister 

Residuaries with another: They receive the residue after some certain heirs (different from those particular heirs that comes under the residuaries by another) have gotten their shares of the estate. 

They are:

1. Full sister/Consanguine sister 

2. In the presence of daughter(s)/granddaughter(s) or both, full sister or consanguine sister will abandon her share of 1/2 or 2/3 to become the residuary.  

The share received by each sharer differs in certain circumstances depending upon the presence of another sharer. The share received by each sharer differs in certain circumstances depending upon the presence of another sharer. There are 12. 15 sharers are identified under the Quranic sharers out of which the 12 sharers are non-excluded and the remaining shares are considered as the non-exclusive or the sharers determined by the presence of another heir.

Share Pattern:

Sl. No.ParticularsSuccession PatternShare Pattern
1.HUSBAND
(The share of H/W depends upon son, daughter, male descendants& female descendants) * 
  • No heirs*
  • At least one member of the heir*  
1/2
1/4
2.WIFE
(The share of H/W depends upon son, daughter, male descendants& female descendants) * 
  • No heirs*
  • At least one member of the heir*  
1/4
1/8
3FATHER
  • No other legal heirs


  • Son(s)/Daughter(s)/ Male descendants/female descendants


  • Daughter(s), female descendants or a combination of these  

Entire property of the deceased


1/6



1/6 + Residue   
4MOTHER
(Share depends on son(s), daughter(s), male descendant(s), female descendant(s), full/consanguine/uterine brother/sister) * 
  • No heirs
  • At least one member of the heir* 
1/3
1/6
5PATERNAL GRANDFATHER 
  • No other legal heirs


  • Son(s)/Daughter(s)/ Male descendants/female descendants 


  • Daughter(s), female descendants or a combination of these  


[Presence of grandfather does not exclude full or consanguine brother(s) or sister(s)]

Entire property of the deceased


1/6



1/6 + Residue   
6GRANDMOTHER
(In the absence of mother; paternal/maternal or both if alive would take together) 
  • Paternal/ maternal in the presence/absence of any other heirs
  • Both paternal and maternal heirs present  
1/6


1/6 shared equally 
7FULL BROTHER
(Son, Grandson/his descendants, father excludes him from inheriting) *
  • If he is the only heir


  • In the presence of other heirs who do not exclude him* 
Inherits the whole estate.

Residue 
8FULL SISTER 
  • If she is the only heir


  • Two or more full sister


  • In the presence of daughter/granddaughter(s) or if both present 
Inherits the whole estate


2/3 shared equally


Residue 
9SON
  • When no heirs are present


  • In the presence of any other heirs, he will become residuary


  • More than two sons
Entire property of deceased father or mother

The remaining share after deducting the share of other heirs.


Assets shared equally 
10DAUGHTER
  • One daughter, whether other legal heirs are there or not.
  • More than one daughter, whether other legal heirs are there or not 
1/2


2/3

{the remaining half or 1/3 estate would be shared among the heirs by using the doctrine of radd.) or the residue should be given to the cognates (mother or female line) or non-heirs}
11SON(S) and DAUGHTER(S)
  • If they are the only legal heirs, the entire assets are distributed among them.
  • In the presence of other heirs, they become Residuaries and share the rest of the shares  
2:1



2:1
12GRANDSON(S) and GRANDDAUGHTER(S)
Same pattern as succession of son, daughter and son-daughter combined

13DAUGHTER(S) and GRANDDAUGHTER(S) (maximum share of daughters / granddaughters or combination of daughter and granddaughters is 2/3)
  • When daughters and granddaughters are present


  • One daughter; One granddaughter


  • One daughter, two or more granddaughters


  • More than one daughter and granddaughters (number irrelevant) 
Daughters – 2/3
Granddaughters – residue of 2/3 shared equally  

1/2; 1/6


1/2; 1/6 (shared equally)



2/3; nil
14DAUGHTER(S) and GRANDSON(S
(Grandsons takes the residue after the daughter(s) and if other heirs present their share is also deducted)
  • One daughter; One grandson


  • One daughter; more than one grandson


  • Two daughters; one grandson


  • Two or more daughters; more than one grandson
1/2; Remaining residue 1/2 (in the absence of other heirs)

1/2; Remaining residue shared equally


2/3; Remaining residue


2/3 shared proportionately; remaining reside shared equally
15DAUGHTER(S), GRANDSON(S) and GRANDDAUGHTER(S)
  • One daughter; grandson(s); granddaughter(s)


  • More than one daughter; grandson(s); granddaughter(s) 
1/2; residue 2:1



2/3; residue 2:1
16SON(S) and GRANDCHILDREN
A son excludes all grandchildren 
A son excludes all grandchildren 

Rules of Inheritance under Shia Law of Inheritance:

The heirs classified under Shia law of inheritances are as follows:

Principle Class of Heirs:

1. Heirs by marriage or Husband and Wife: The husband or Wife is never excluded from succession, he or she inherits along with the nearest heirs by blood relations or Heirs by consanguinity. 

2. Heirs by consanguinity or Blood relations: 

(a) Class I:

      i. Parents 

      ii. Children

      iii. Grand Children 

      iv. Remote lineal descendants of the deceased. 

(b) Class II

      i. Grand Parents

      ii. Brothers and Sisters and their descendants

(c) Class III

      i. Paternal and Maternal uncles and aunts of the deceased

Difference between Sunni and Shia Law of Inheritance

The difference between the Sunni and Shia law of inheritance can be explained by considering the following scenario:

When a person dies leaving him surviving three grandsons by a predeceased son and two grandsons by another predeceased sons,

Under the Sunni law: All the five grandsons will inherit the property in equal shares each taking 1/5th share, i.e., Per Capita distribution.

Under the Shia law: The three children of one predeceased son take 1/2 and other 1/2 goes to the two children of the predeceased son, i.e., Per Stirpes distribution.


Disclaimer: The views / the analysis contained therein do not constitute a legal opinion and is not intended to be an advice. Readers of this document are advised to seek their own professional advice before taking any course of action or decision, based on this document.

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