Points

 -Kinds of heirs
 -Classes of heirs
 -List and priority of Residuaries
 -Table of sharers
KIND OF HEIRS:
 Principal classes three:
i) Quranic heirs (Zabul furuj) called Sharer: 12 in number-i)F
ii)TGF iii)H iv)W v)M vi)TGM vii)D viii)SD ix) FS x)CS
xi)UB xii)US (4:11,4:12,4:176,4:7,8,32,33, 8:75)
ii) Agnatic heirs (Zabul Ashabat) called Residuary : 18 in Number-
a) 2 Descndants –i) Son ii) Son’s son (HLS).
b) 2 Ascendants- i)Father ii)TGF (HHS)
c) 8 descendants of Father- i) FB ii) FS iii) CB iv) CS v)FBS vi) CBS
vii)FBSS viii)CBSS
d) 6 Descendants of TGF (hhs) – i) Full paternal Uncle ii)CPU iii)
FPUS iv)CPUS v) FPUSS vi) CPUSS
iii) Uterine heirs (Zabul Arham) called Distant kindred
I)Descendants of the deceased; a) Daughter’s children
and their descendants b) Children of sons daughter
and their descendants
II) Ascendants of the deceased: FGF,FGM
III)Descendants of parents
IV) Descendants of immediate grand parents (true or
false)
+ FOUR SUBSIDIARY
CLASSES-
by i)Contract- a) by emancipation , b) by friendship :
condition to pay (Diyat)
ii) Acknowledged kinsman: B,U not his son
iii) The sole Legatee also called Universal legatee
iv) Escheat
10. DUAL CAPACITY:

 Father as sharer + residuary,

 Grand Father as sharer + Residuary,
 Daughter as sharer + Residuary ,
 Full Sister as sharer + Residuary,
 Consanguine Sister as sharer + Residuary,
 Sons Daughter as sharer + Residuary
11. RIGHT OF A DIVORCÉE:

 During Marz Ul Maut husband gave talak-

within the period of iddat if husband dies , then
wife will get property from her huaband.
12.NEARER IN DEGREE EXCLUDE THE
MORE REMOTE

 For Instance: F excludes GF, M Excludes GM etc

UNBORN CHILD/ CHILD IN THE WOMB

 The amount to be reserved

 Determining amount to be based on son or

daughter whichever is greater (Abu Yusuf)

 Deemed to be born on the date of conception

#Under Shia law- amount of two sons need to be

preserved
DEATH IN COMMON CALAMIGHTY

 More than one dies in a common calamighty like

Earthquake, Train accident etc and not proved as
to who died first.
 The property would be distributed among the heirs
as if the intermediate heirs who died at the same
time with the original proprietor had never existed.
NO RULE OF
PRIMOGENITURE
 No priority of eldest son or youngest son all sons
are equal in case of inheriting property.
ANY QUESTIONS

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