Muslim Succession Laws in India: Complete Guide | Truelegacy

Need a clear guide on Muslim inheritance laws in India? We break down the complex rules for you. Visit Truelegacy to secure your family's financial future now.

The devolution of inheritance for Muslims is governed under Muslim Personal laws based on the Islamic customary laws taken from their primary source, The Holy Quran.

The Muslim Succession Laws are handled as per the Muslim Shariat Act, 1937.

Under the Sharia law, the entire assets of the deceased must be transferred or shared among his legal heirs.

Apart from this, when a person dies there are certain obligations that had to be undertaken from his assets left behind, they are: Basic expenses relating to the funeral such as transportation cost to cemetery, grave digger’s wage.

Repayment of his outstanding debt Fulfilment of his Will: Provided the Will does not exceed 1/3rd of the entire estate and it’s not in favour of an heir.

If any or both these conditions are not satisfied, the validity of the Will is subject to approval of all the heirs.

In the failure of the above conditions, the Will is considered void.

The remaining estate after fulfilling the above three conditions are then inherited by the rightful heirs.

The Sharia law recognises that when it comes to succession the husband and wife are equally entitled to the inheritance from their spouse.

But, if the woman gets married to her husband during his illness, and the marriage has not been consummated, in the event of her husband’s death due to the illness, the widow is not entitled to the inheritance of her spouse.

On the basis of the belief and customs followed, there are two sects of Muslims: Sunni and Shia Muslims.

The difference in the following of quranic principles also creates a difference in the rules of inheritance.

Rules of Inheritance under Sunni Law of Inheritance.

The heirs are classified into two categories: Principal Class of heirs and Subsidiary Class of heirs.

The principal class of heirs include: Quranic heirs: The Quranic heirs or the sharers are entitled to a certain share in the deceased person’s property.

Residuaries: They receive the remaining share of the property that is left after the sharers have taken their part.

Distant Kindred Subsidiary class of heirs include: Successor by contract Acknowledges kinsman Sole legatee Escheat Quranic Heirs.

There are 12 Quranic sharers: Husband Wife Daughter Son’s daughter Father Paternal Grandfather Mother Grandmother in the male line Full Sister Consanguine sibling Uterine sisters Uterine brothers Residuaries.

Residuaries by themselves: They are those heirs that inherit the whole estate when they are the only heirs but in the presence of other heirs, they become the residue.

They are: Son Grandson/his descendant Father Grandfather/his ascendant Full brother Consanguine brother Full brother’s son or his descendant Consanguine brother’s son or his descendant Full paternal uncle Half paternal uncle Full paternal uncle’s son or his descendant Half paternal uncle’s son or his descendant Residuaries by another: When they are the only heir, they receive 1/2 or 2/3 share, but in the presence of certain heirs, they share the residue with them.

They are: Daughter Granddaughter through son Full sister Consanguine sister Residuaries with another: They receive the residue after some certain heirs (different from those particular heirs that comes under the residuaries by another) have gotten their shares of the estate.

They are: Full sister/Consanguine sister In the presence of daughter(s)/granddaughter(s) or both, full sister or consanguine sister will abandon her share of 1/2 or 2/3 to become the residuary.

The share received by each sharer differs in certain circumstances depending upon the presence of another sharer.

The share received by each sharer differs in certain circumstances depending upon the presence of another sharer.