2nd Year B.B.A., LL.

B - Sem IV (2020-2025)
FAMILY LAW II

PROBLEM BASED ASSIGNMENT

NAME: Prithvirajsingh Bayas

DIVISION: C
PRN: 20010126286
COURSE: BBA LL.B. (H)
BATCH: 2020-2025
 Mrs. Salma a Sunni Muslim died leaving behind her husband, 2 uterine
brothers, 3 uterine sisters, mother, 2 full sisters. Distribute final shares of
property among the surviving heirs.

In the above question according Sunni laws of inheritance the property will be divided
between Salma’s
Husband
2 Uterine Brothers,
3 Uterine Sisters
Mother and
2 Full sisters

According to Sunni Law of Inheritance

- Husband will get ½ share as he does not have any off springs

- Husband-1/2 share = 3/6th share

- Taking into consideration the condition under variation of shares, it claims

that the husband will get 1/2 is the absence of a child of a child or child of
a son how low so ever. In the case stated above Salma and her husband has
no child so the husband ultimately gets 1/2 of the share.

- 2 Uterine brothers and 3 uterine sisters will get 1/3 rd share each (as there
are more than one uterine sibling so it won’t be 1/6)

- The brother sister ratio of 2: 1 is not applicable in uterine siblings

- Mother will be allotted 1/6th as the deceased has multiple siblings in the
presence of even one full, consanguine or uterine brother or sister as in the
case above there is 2 full sister, 2 uterine brothers and 3 uterine sisters.
Stating this the above argument is satisfied.
 - 2 Full Sisters will be allotted 2/3rd as two or more heirs are present

- 1/6+3/6+2/6+4/6=10/6

- As the numerator is greater than the denominator, the Doctrine of Aul will
be applicable and applying the principle the numerator will become the
new denominator. The final shares allotted to different people are-
Mother-1/10 share
Husband- 3/10 share
3 Uterine sister and 2 Uterine Brother-2/10th share
2 full Sister-4/10th share.

Mr. Abdul a Sunni Muslim died leaving behind his wife, 5 sons, and 3
daughters. Distribute final shares of property among the surviving heirs.

In the above question the property will be allotted to wife, 5 sons and 3 daughters

- Wife gets 1/8 as the deceased has an offspring

- 5 sons and 3 daughters will get in the ratio 2:1 of brother is to sister

- 5 sons will get 2 share and 3 daughters will get 1 share

- The share of one daughter is ½ If there are two or more daughters, the share is 2/3
to be divided equally among them. But daughter together with son is treated as
agnatic heir i.e., inherits as Residuary.

- While calculating the sons will get 10/13 (2*5, 2 shares is to be given to 5
brothers each)

- The daughters will get 1 share each so it will be 3/13

 - The remaining ratio is 1 – 1/8 (share of wife is 1/8) = 7/8
- 7/8*10/13 will be the share of the 5 sons = 70/104
- 7/8*3/13 will be the share of 3 daughters = 21/104

Mrs. Shabnam a Sunni Muslim died leaving behind her husband mother and
daughter. Distribute final shares of property among the surviving heirs.

In the above case the property will be allotted to Husband, mother and daughter.

- Husband gets 1/4th share as the deceased has an offspring

- Daughter gets 1/2 as being the only daughter and no son
- Mother will be allotted 1/6 as there is a child

1. Daughter- 12/3 share = 3/6 share.

Taking into consideration the condition claims that 1/2 of the share will be given to daughters
in the absence of son. In the case stated above there is no son. So ultimately daughters get 1/2
of the share.

2. Mother- 1/6th share

Taking into consideration the condition under the normal share is that 1/6th share will be
given to mother in the presence of a child, child of a son how low so ever. The case stated
above there is a daughter of Mrs. Shabnam. The above condition satisfies that the mother
should get 1/6th share.

Husband- 1/4th share.

Taking into consideration the condition under the normal share is that 1/4th share will be
given to husband in the presence of a child, child of a son how low so ever. The case stated
above the husband has a daughter. The above-mentioned condition satisfies that the husband
should get 1/4th share as he has a daughter.

Total shares together of daughter mother and husband- 3/6+1/6+1/4= 11/12

In the above question the doctrine of RADD will be applicable. After the division of the
property is done and the total is less than 1 and if there is no residuary to inherit the property
then the property is returned back to the sharers. The main exception to the Doctrine of
RADD is that husband and wife is not included.

1-1/4 = 3/4

3/4 is the residue

Daughter’s + Mother's share.1/6+3/6= 4/6.

Rama Krishna a Hindu male dies intestate, leaving behind both his parents, his widow
Rukminibai, his adopted son Mayur, a concubine Padmamma and a daughter Savitri
from his relationship with Padmamma. Divide his property amongst his successors
under Hindu Succession Act, 1956.

People who can Inherit:

1. Mayur (Adopted son): Since a son is part of Class I heirs under the Hindu Succession Act.
(includes both adoptive and natural son), Mayur, the adoptive son will inherit the property of
his father.

2. Mother: Since a mother is a part of Class I heirs under the Hindu Succession Act, mother
will inherit the property of her son.

3. Rukminibai (Widow): Since a widow is also a part of Class I heirs under Hindu Succession
Act, Rukminibai will inherit the property of his father.

People who cannot Inherit:

1. Father: Since a father is part of Class II heirs and due to the presence of Class I heirs, the
need of Class II heirs does not arise so the father will not inherit the property.
2. Concubine Padmamma: A concubine is not included under succession of a property under
Hindu Succession Act, so Concubine Padmamma will not inherit his property.

3. Daughter Savitri (Illegitimate Daughter): Since the daughter under Hindu Succession Act
does not include an illegitimate daughter. So Savitri will not inherit his property.

Now, since son, mother and widow are the successors of the property of Rama Krishna, they
will equally inherit the property on per head basis.

Hence, Mayur= 1/3

Mother= 1/3

Rukminibai (widow)= 1/3