Write a short note on the classification of heirs under the Shia Law of inheritance.
Find the question and answer of Muslim Law only on Legal Bites.
Question: Write a short note on the classification of heirs under the Shia Law of inheritance. [BJS 1986]Find the question and answer of Muslim Law only on Legal Bites. [Write a short note on the classification of heirs under the Shia Law of inheritance.]AnswerUnder Shia Law of inheritance, the heirs are divided into two groups, namely,(i) Heirs by consanguinity (Nasab), that is blood relations and (ii) Heirs by special cause (Sabab), that is heirs by marriage husband and wife Heirs...
Question: Write a short note on the classification of heirs under the Shia Law of inheritance. [BJS 1986]
Find the question and answer of Muslim Law only on Legal Bites. [Write a short note on the classification of heirs under the Shia Law of inheritance.]
Answer
Under Shia Law of inheritance, the heirs are divided into two groups, namely,
(i) Heirs by consanguinity (Nasab), that is blood relations and
(ii) Heirs by special cause (Sabab), that is heirs by marriage husband and wife
Heirs by consanguinity are divided into three classes, each class is sub-divided into two sections. These classes are:
Class I (i) Parents,
(ii) Children and other lineal descendants how low soever.
Class II (i) Grandparents how high so ever (True as well as False),
(ii) Brothers and sisters and their descendants how low so ever.
Class III (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.
Under Shia law, if there are several heirs of the same class but they descend from different branches, the distribution among them is per strip. That is to say, the quantum of property inherited by each of them depends upon the property available to that particular branch to which they belong. It is significant to note that for the limited purpose of calculating the share of each heir, the Shia law accepts the principle of representation. Moreover, under Shia law, this rule is applicable for determining the quantum of share also of the descendants of a pre-deceased daughter, pre-deceased brother, pre-deceased sister, or that of pre-deceased aunt.
Mayank Shekhar
Mayank is an alumnus of the prestigious Faculty of Law, Delhi University. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars.
