How are heirs classified under Hanafi Law and Shia Law in case of intestate succession?

Question: How are heirs classified under Hanafi Law and Shia Law in case of intestate succession? [UPJS 1985]

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Answer

Succession refers to the transmission of the property of an ancestor upon his death, to the rightful heir. Where the inheritance of property is carried out according to the Will of the deceased, it is called testamentary succession. In some cases, the deceased dies without leaving a will, and hence the succession is executed according to the general rules. This is called Intestate succession.

Classification of heirs in Sunni Law of Inheritance

The different classes of heirs under the Sunni Law of inheritance are given below and they have been named in the order they succeed.

1. Sharers - Sharers are those heirs to whom a specified share is allotted by the Law.

2. Residuaries - Residuaries are those who take in two situations:-

(a) in a situation, when something remains after allotting shares to the sharers, or

(b) in a situation, when there is no sharer.

3. Distant Kindred - All relations by blood who do not fall under any of the above two classes, belong to this class. They get in the absence of the above two classes of heirs.

4. Successors by contract - i.e. a person who derives his right of succession under a contract with the deceased.

5. Acknowledged Kinsmen - i.e., a person of unknown descent in whose favour the deceased has made an acknowledgment of kinship, not through himself but through another.

6. Universal legatee - i.e., a person to whom the deceased has left the whole of the property by will.

7. In the absence of the above classes of heirs, the estate devolves into the State.

(Sharers, residuaries, and distant kindreds are those who are related by blood to the ancestor, while the remaining four are unrelated by blood).

Classification of heirs in Shia Law of Inheritance

The Shias divide heirs into two groups, namely, (1) heirs by consanguinity, that is, blood relations, and (2) heirs by marriage, that is, husband and wife.

Heirs by Consanguinity are divided into three classes and each class is sub-divided into two sections. These classes are

1. (i) Parents, (ii) Children and other lineal descendants how low soever.

2. (i) Grandparents how high so ever (True as well as False), (ii) Brothers and sisters and their descendants how low so ever.

3. (i) Paternal and (ii) Maternal, uncles and aunts of the deceased and of his parents and grandparents how high so ever and their descendants how low so ever.

of these three classes of heirs, the first excludes the second from the inheritance, and the second excludes the third. But the heirs of the two sections of each class succeed together, the nearer degree in each section excluding the more remote in that section.

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