Inheritance in Muslim

Law
Basic Rules
 Historical Basis
▪ Based on customs and usages prevalent among Arab tribes before the revelation
of Quran.
▪ These customs were then supplemented & modified by the Quran and Hadis of
the Prophet.
▪ In the customs followed in Arab, preference was given to male agnates as they
formed the brotherhood and comradeship in arms.
▪ Females and cognates were excluded from inheritance.
▪ Revelation of Quran gave preference to blood relatives and females who were
excluded earlier.
 Different Rules for Shias and Sunnis
• Different interpretation of the Quranic principles and their adoption by the
already established systems.
• Sunnis kept the old framework intact: preference to agnates over cognates.
They superimposed the Quranic principles in this old set-up.
• Shias blended the old rules with the new ones and revised the law then
prevalent and came up with a different scheme.
 1. No Concept of Joint Family
• Muslims don’t recognise the concept of joint family.
• There is no distinction between separate property and joint family
property.
• The sons take the property of deceased father as tenants in common
and not joint tenants.
 2. Same Rules for Males and Females
❑Same Scheme of succession irrespective of sex of intestate.
❑Relations introduced by marriage do not succeed.
❑A woman has absolute right over her property.
❑If a woman inherits property from her husband and then dies issueless.
Her parents would succeed to her property and not the heirs of her
husband.
 3. No Recognition of Right by Birth
• Since, there is no concept of coparcenary property thus there is no right by
birth to be given to the coparceners.
• So long the father is alive, he enjoys full powers of alienation over the
property by way of gift, sale etc.
• The son’s right to property arises only on the death of father and not before
that.
• The son has a mere spes successionis in the property depending on two
conditions: he survives the father, property is left for succession.
 4. Vested Interest upon Inheritance
• The heirs take a vested interest in the estate of intestate, the moment
succession opens.
• The share becomes vested in the heir as soon as the intestate dies.
• Once the estate becomes vested in heir, he can validly transfer it.
Illustration: A has two sons S1 & S2. A dies leaving behind a house and
some other property. Both the sons have one son each. Before the property
could be divided, S1 dies. On his death, his share goes to his own son and
widow and not his brother S2.
 Disqualifications
➢ Difference of Religion:
Only a Muslim can inherit from a Muslim intestate.
This rule was modified by the Caste Disabilities Removal Act, 1850- which
protects the inheritance rights of a convert.
A convert who is non-Muslim can inherit from a Muslim now.
➢ Homicide:
A person who causes the death of another can not inherit his property.
Under Sunni Law, the rule is strict and intention does not matter.
Under Shia Law, the rule applies only when the death was caused intentionally

➢ Illegitimate Child:
Under Sunni Law, an illegitimate child inherits from the mother and her relations
but not from father.
Under Shia Law, an illegitimate child does not inherit from any of the parents nor
from any of the relatives.

➢ Exclusion of Daughter:
Under Muslim Law, a daughter is entitled to succeed to the property of the
parents, yet some customs and usages applicable in different areas do not allow it.