08/09/20

THE DOCTRINE OF RADD

By: Vyshnavi Praveen, Shreya v.

What is the Doctrine of Radd?

● In simple words, the Doctrine of Radd or Return states that is there is no
alive residuary to claim the residual shares after the sharers have claimed
their share, then the residual shares will be distributed among the sharers
in proportion toothier original share.
● The difference between the Doctrine of Aul and Radd can be understood
as the absence/ presence of residual shares. In the case when Aul is to be
applied, the shares of the existing sharers exceed 1(i.e. The total share)
whereas in the case of the application of Radd, the combined shares of the
sharers are less than 1 and there exists no residuary leaving behind a
share of the property.
● No residuary > Residue> Return >Doctrine of Radd

What is the exception to the Doctrine of Radd or Return?

The special condition states that the Spouse (Husband/Wife) may not take
return (residual shares) if either of the following heirs exists :
❖ Sharers (s)
❖ Residuary (r)
❖ Distant Kindred (DK)
In the presence of either of these parties, they take the return and prevent the
spouse from inheriting it.

Understanding the different Scenarios

We will try to gain a deeper understanding by looking at the three broad
scenarios

Case 1:
P dies leaving behind the Mother (M) and Sons Daughter (SD).
In this case, there is no special condition. Both parties shall inherit residue in
proportion to their shares
M- 1/6 (As a sharer)
SD- ½ (As a sharer)

Sum total of share = 1/6+ 1/2 = 4/6

Residue = 2/6
The proportion of shares (M: SD) = 1:4
The residual shares will be distributed in the same proportion
The total share of M = 1/6 (s) + {2/6*1/4= 1/12} (r) = 3/12 or 1/4
The total share of SD= 1/2 (s) + {2/6*3/4=1/4} (r) = 3/4

Hence the new share of M: SD = 1: 3

Case 2:
P dies leaving Wife as the only heir
Share of W= 14/
Residue = 1-1/4 = 3/4
There exists no close heir/ residuary and hence the wife takes the return
i.e. W gets complete share { ¼+3/4} = 1

Case 3:
P dies leaving behind H and M
Share of H = ½
Share of M = 1/6

Total of shares = ½ + 1/6 = 4/6

Residue = 2/6
The special condition applies here due to the presence of M and hence the H is
prevented from taking return.
New shares:
H= 1/2 (s) + 0 (r) = 1/2
M= 1/6 (s) + 2/6 (r) = 3/6 or ½

The proportion of shares between H and M = 1:1