The Shia Law of Inheritance | Family Law - CLAT PG PDF Download

Right to Succession in Property

Succession to property is based on two key principles:

1. Nasab (Blood Relationship)

This principle emphasizes the importance of blood relationships in determining the right to succeed to property. It signifies that individuals related by blood have a natural claim to inherit property.

2. Sadab (Special Cause)

The principle of Sadab pertains to special circumstances or causes that may grant an individual the right to succeed to property, regardless of blood relationship. This could include factors such as adoption, special legal provisions, or other unique situations that warrant a claim to the property.

Qualifications of Heirs

Heirs can be classified based on their relationship to the deceased, such as through marriage or blood relations (consanguinity).

Heirs by Marriage

• Husband
• Wife

Heirs by Consanguinity

• Parents
• Children and other lineal descendants, regardless of how far down the line they are.

Grandparents

• Brothers,sisters, and their descendants, no matter how far down the line they are.

Paternal Uncles

• Aunts of the deceased, as well as those of the deceased's parents and grandparents, and their descendants, no matter how far down the line they are.

Distribution of Assets

• Husband and wife always inherit.
• Priority is given to:
  • Parents
  • Children and other lineal descendants, regardless of how far down the line they are (nearer excludes remoter).
• Grandparents(how high so ever, nearer excludes remoter).
• Brothers and sisters(full blood preferred over consanguine, nearer excludes remoter).
• Paternal uncles and aunts of the deceased, as well as those of the deceased's parents and grandparents and their descendants.
• Materal uncles and aunts of the deceased, as well as those of the deceased's parents and grandparents (how high so ever).

Distribution of Heirs Among Class I Heirs

• Husband and Wife
• Parents
• Children and lineal descendants.

Husband's Share

1/4 or 1/2 if parents are alive.Father1/6 as share plus residuary

Wife's Share

1/8 or 1/4 if parents are alive.Mother1/6 or 1/3.

Daughter's Share

• If no son, she gets 1/2.
• If there are two or more daughters, they share 2/3.

Son's Share

He always gets the residuary share.

Grandchildren's Share

If there are no children, grandchildren take their parents' share.

Distribution of Assets Among Remoter Lineal Descendants

Example 1: P dies leaving behind Husband (H),Father (F),Mother (M).

• Share:1/3 to M,1/6 to F as residuary,1/2 to H.

Example 2: P dies leaving behind 2 Daughters (D1 & D2),Father (F),Mother (M).

Distribution of Assets Among Class I Heirs

When Only Grandparents Are Claimants:

a) All Four Grandparents Present:

• Paternal Grandparents: Receive 2/3 of the assets.
• Maternal Grandparents: Receive 1/3 of the assets.
• Paternal Grandparents' Division: Split 2/3 between themselves, with the paternal grandparent receiving a double portion.
• Maternal Grandparents' Division: Split 1/3 equally between themselves.

b) Only One Paternal Grandparent Present:

• If there is only one grandparent on the paternal side, they will receive either 2/3 or 1/3 of the assets, depending on the presence of other grandparents.

c) No Grandparents, Only Higher Grandparents:

• If there are no grandparents but higher grandparents are present, the property will be divided according to the same rules as in cases a and b.

When Claimants Are Only Brothers and Sisters:

a) Full Blood Brothers and Sisters with Consanguine Brothers and Sisters:

• Full Blood Brothers and Sisters: Inherit equally.
• Consanguine Brothers and Sisters: For example,one uterine brother/sister receives 1/6, while two or more receive 1/3.

b) Absence of Full Brothers:

• If there are no full brothers,full sisters inherit as sharers,1/4 or 2/3 if more.

c) Absence of Consanguine Brother:

• If there is no consanguine brother, the consanguine sister inherits as sharer.

Example:

• If dies leaving behind her husband H and full sister FD,H would receive 1/2 and FD would receive 1/2.

When There Are Remoter Grandparents with Brothers and Sisters or Their Descendants:

a) Maternal Grandparents:

• Maternal Grandfather counts as one uterine brother.
• Maternal Grandmother counts as one uterine sister.

b) Paternal Grandparents:

• Paternal Grandfather counts as one full/consanguine brother.
• Paternal Grandmother counts as one full consanguine sister.

c) Absence of Grandparents:

• If there are no grandparents,remoter grandparents step into their shoes.

d) Absence of Brothers and Sisters:

• If there are no brothers and sisters, their descendants step into their shoes.

Example:

• If P dies leaving behind a paternal grandfather (GF) and two full sisters (FD and FD1), the GF would receive 2/3 of the assets, and the full sisters would share the remaining 1/3.

P dies leaving behind maternal grandmother MM, maternal GF, MF, paternal GF, FF, paternal GM FM full brother FS and full sister FD.

Distribution of Assets Among Class-III Heirs

When there are no Class-I or Class-II heirs left after allocating the share of the husband or wife, the property goes to Class-III heirs. These heirs are divided into categories based on priority, and those in earlier categories exclude those in later ones.

A) Paternal and Maternal Uncles and Aunts: The property first goes to the paternal and maternal uncles and aunts of the deceased.

B) Descendants of Uncles and Aunts: If there are no uncles and aunts, the property goes to their descendants, regardless of how distant the relationship is, but the nearer degree excludes the remoter.

C) Uncles and Aunts of the Parents: If there are no uncles and aunts, the property goes to the paternal and maternal uncles and aunts of the deceased's parents.

D) Descendants of Parents' Uncles and Aunts: If there are no uncles and aunts of the parents, the property goes to their descendants, regardless of how distant the relationship is, but the nearer degree excludes the remoter.

E) Uncles and Aunts of Grandparents: If there are no uncles and aunts of the parents, the property goes to the paternal and maternal uncles and aunts of the deceased's grandparents.

F) Descendants of Grandparents' Uncles and Aunts: If there are no uncles and aunts of the grandparents, the property goes to their descendants, regardless of how distant the relationship is.

G) Remoter Uncles and Aunts and Their Descendants: If none of the above categories apply, the property goes to remoter uncles and aunts and their descendants in a similar order.

Rules of Distribution

i) Distribution Between Husband and Wife

If both a husband and a wife are present, the share should be divided between them.

ii) Distribution Between Paternal and Maternal Uncles and Aunts

When both paternal and maternal uncles and aunts are present, the distribution should be 2/3 to the paternal side and 1/3 to the maternal side.

iii) Distribution Between Full and Uterine Relatives

When both full and uterine relatives are present, the uterine relatives should receive 1/3, and the full relatives should receive the remainder.

Example

Consider the case where P dies leaving behind the following relatives:

• Full Paternal Uncle (FPU)
• Full Paternal Aunt (FPA)
• Four Uterine Paternal Uncles (UPU, UPU1, UPU2, UPU3)
• Two Uterine Paternal Aunts (UPA, UTA)
• Uterine Maternal Uncle (UMU4)
• Uterine Maternal Aunt (UMA)

In this case, there are a total of 8 relatives. The distribution would be 2/3 to the paternal side (FPU, FPA, UPU, UPU1, UPU2, UPU3, UTA) and 1/3 to the maternal side (UMU4, UMA).

Distribution of Assets Among Descendants of Uncles and Aunts

In the absence of uncles and aunts, the property is distributed among the descendants of uncles and aunts.

Doctrine of Aul and Radd

The Doctrine of Aul and Radd is applied in a manner similar to the Sunni law of inheritance.