Understanding the Muslim Law of Inheritance in India
  2024-01-11
Mr. Paramjeet Sangwan

Understanding the Muslim Law of Inheritance in India

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Introduction

Inheritance is the transfer of property from a deceased person to a living person who is legally related to them. For Muslims in India, the process of inheritance is governed by Muslim personal laws, which are based on Islamic principles and scriptural sources like the Holy Quran, the Sunnah, the Ijma, and the Qiyas. In this article, we will provide an in-depth analysis of the Muslim law of inheritance in India, including the concept of inheritance, the class of heirs, the procedure of inheritance, and relevant judicial pronouncements.

Concept of Inheritance under Muslim Law

The concept of inheritance in Muslim law is rooted in Islamic principles and the teachings of the Prophet Muhammad. Islamic laws do not recognize joint tenancy, and the heirs are considered tenants-in-common. This means that they can only inherit the shares of the property that is held in common. Unlike some other legal systems, inheritance is not guaranteed to every child born into the family. An heir-apparent must survive the deceased to claim inheritance, and a child in the womb of its mother is also competent to inherit, provided it is born alive.

Under Islamic laws, both male and female heirs have the right to inherit property. However, there are certain distinctions in the shares allotted to male and female heirs. Females generally receive half the quantum shares allotted to their male counterparts. This is because females are entitled to receive mehr (dowry) and maintenance from their husbands, which contributes to their financial support. Males, on the other hand, only have inheritance as a source of wealth, which contributes to their duty of maintaining their wife and children.

In a marital setting, both the husband and wife are equally entitled to inherit from each other. A widow is also included in the scheme of inheritance. A widow who has children or grandchildren is given 1/8 of the property of her deceased husband, and if she is childless, she gets 1/4 of his property. However, if a woman marries a Muslim man during his illness, which subsequently becomes the reason for his death, and the marriage has not been consummated for that reason, then as a widow, she would not have the right to inheritance. But if her husband divorced her before dying of illness, then her right to inheritance continues until she remarries.

Islamic laws also give priority to the ascendants of the deceased over the descendants in the scheme of inheritance. The ascendants, such as parents and grandparents, are considered immediate heirs or first-in-line to inheritance.

Sunni Law of Inheritance

The Sunni sect of Muslims in India primarily follows the Hanafi school of law. The Hanafi laws attempt to create a harmonious relationship between customary law and Quranic law. The Quranic heirs, known as sharers, do not deprive the customary heirs, known as residuaries, of their share. Instead, a portion of the estate is allotted to the Quranic heirs.

The Hanafi law recognizes three classes of heirs: Class I, Class II, and Class III heirs.

  1. Class I heirs include the widow, husband, daughter, son, son's daughter, full sister, consanguine sister, uterine sister, uterine brother, mother, and father. Each heir has a specific share in the estate based on their relationship to the deceased.
  2. Class II heirs consist of the residuaries, both Quranic and customary. The Quranic residuaries are those members who were originally sharers but become residuaries due to certain conditions or the presence of a higher degree heir. The customary residuaries are the descendants of the deceased who are not included in the class of sharers.
  3. Class III heirs are the distant kindred, which includes all blood relations who do not fall under Class I or Class II heirs. They inherit the estate in the absence of sharers and residuaries.

The distribution of estates under Sunni law is per capita, which means that the estate is divided equally among the heirs.

Shia Law of Inheritance

The Shia law of inheritance in India is guided by the Ithna-Ashari school of thought. Unlike the Sunni law, the Shia law follows per stripe distribution, where the distribution of property among the heirs is based on the stripe they belong to. There is no hierarchy in the distribution of shares between agnates (male heirs) and cognates (female heirs) or between descendants, ascendants, and collaterals. All heirs inherit side by side, and females receive half the share of males in each class.

Shia law recognizes two categories of heirs: heirs by consanguinity and heirs by marriage. Heirs by consanguinity include blood relationships or consanguinity, while heirs by marriage refer to heirs who are relatives through marriage.

The Rule of Spes Successionis in Muslim Law

The doctrine of spes successionis, also known as the expectation of succession, is an important rule relating to the transfer of property. In Indian law, the transfer of spes successionis is prohibited under the Transfer of Property Act, 1882. However, the rule of spes successionis is not recognized in the Muslim law of inheritance.

Class of Heirs under Muslim Law

Under both Sunni and Shia laws, the class of heirs is divided into sharers and residuaries.

  1. Class - I heirs include the widow, husband, daughter, son, son's daughter, full sister, consanguine sister, uterine sister, uterine brother, mother, and father.
  2. Class - II heirs consist of the Quranic residuaries and the general residuaries. Quranic residuaries are those members who were originally sharers but become residuaries due to certain conditions or the presence of a higher degree heir. General residuaries include the ascendants, descendants, and collaterals of the deceased.

Class - III heirs are the distant kindred, which includes all blood relations who do not fall under Class - I or Class - II heirs.

Doctrine of Radd and Aul

The doctrine of Radd and Aul is applied to adjust the shares of the heirs when the fractions do not add up to unity or exceed unity.

  1. The doctrine of Radd is applied when the shares allotted to the sharers are less than unity. In such cases, the residuary shares are redistributed among the sharers in proportion to their shares.
  2. The doctrine of Aul is applied when the shares allotted to the sharers exceed unity. In such cases, the excess amount is deducted from specific heirs to bring the shares back to unity.

Procedure of Inheritance under Muslim Law

The procedure of inheritance under Muslim law is carried out in accordance with the Indian Succession Act, 1925, which governs the administration of the estate of a deceased person. The process involves appointing an executor or administrator to collect the assets, pay off debts and legacies, and distribute the remaining assets among the heirs.

If a Muslim dies without appointing an executor, the property of the deceased vests in the heirs, who act as the legal representatives. However, it is necessary to obtain a certificate under the Administrator General's Act or a succession certificate under the Indian Succession Act, 1925, to take legal action against the debtors of the deceased.

Judicial Pronouncements

Over the years, several judicial pronouncements have shaped the interpretation and application of the Muslim law of inheritance in India. Some notable cases include:

  1. Abdul Majid Khan Sahib v. Krishnamachariar (1916) - This case established that one co-heir cannot bind the others to a voluntary sale and can only deal with inherited property in which they have an interest.
  2. Imambandi v. Sheikh Haji Mutsaddi (1918) - The court held that a mother does not have the authority to alienate the property of her minor children and can only act as their guardian.
  3. Illyas and Ors. v. Badshah alias Kamala (1989) - The court recognized the custom followed by eunuchs in the transfer of property and upheld their right to claim property within their community.
  4. Rukmani Bai v. Bismillavai (1992) - The court ruled that the conversion of a person to Islam changes their personal laws, and their inheritance is governed by Islamic laws.
  5. Mohammed Gani v. Parthamuthu Sowra (2008) - The court clarified the distribution of property in a partition deed and upheld the shares allotted to the heirs based on their relationship to the deceased.
  6. Rijia Bibi and Ors. v. Abdul Kachem and Anr. (2013) - The court declared a will invalid and inoperative when it exceeds the permissible limit under Mohammedan law.

Conclusion

The Muslim law of inheritance in India is governed by Muslim personal laws, which are based on Islamic principles and teachings. The laws recognize the rights of male and female heirs to inherit property, with specific shares allotted to each class of heirs. The process of inheritance is carried out in accordance with the Indian Succession Act, 1925, which governs the administration of the estate of a deceased person. Judicial pronouncements have played a significant role in shaping the interpretation and application of the Muslim law of inheritance in India.

By understanding the principles and procedures of the Muslim law of inheritance, individuals can navigate the complexities of inheritance and ensure the fair distribution of wealth among the heirs.

Legalstix Law School offers comprehensive notes and updates on various areas of law, including the Muslim law of inheritance. Law students can benefit from the detailed study materials and experienced faculty to enhance their understanding of the subject. Don't miss out on the latest notes and updates from Legalstix Law School - your trusted partner in legal education.

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