Legal Question in Administrative Law in India

06.03.2014

Dear Khalid,

As per Laws of Non Testamentary Succession amongst Muslims, the following reading regarding Entitlement of Inheritance as per the Sunni and Shia laws will help :

Sunni Law

According to Sunni Law, the heritable property first goes to the relatives of the deceased who on the basis of their preferential claim have been divided into the following three groups:

1. Sharers : They are the relatives whose shares have been specifically fixed by the Quran;

2. Residuaries : They succeed to the residue, if any, left after satisfying the shares. They do not get any fixed share. Their shares vary according to the residue.

3. Distant Kindred : They are those relations who are neither sharers nor residuaries.

Shia Law

Under Shia law, the heirs have been divided into two classes (i) heirs by consanguinity; and (ii) heirs by special case. Heirs by consanguinity are further sub-divided into three groups :

Group I:

(a) Parents;

(b) Children and other lineal descendants howsoever low.

Group II:

(a) Grandparents, howsoever high;

(b) Brothers and sisters and their descendants howsoever low.

Group III:

(a) Paternal uncles and aunts howsoever high;

(b) Maternal uncles and aunts howsoever high.

Theory of Propinquity

Propinquity means nearness in blood. As mentioned above, in determining the preferential claims of the heirs, the Shias adopt the principles of consanguinity and ignore those of agnacy i.e they prefer the nearest kinsmen to those more remote. The distinction between agnates and cognates is fully recognized by the Sunnis, who distantly treat the cognates as 'distant kindred'. The rule that nearer in degree excludes the more remote is applied in the kindred of the same class only. This theory of propinquity is fully recognized by Shias, but partially by the Sunnis.

In view of the above, your grandmother has a right on her husband's property.

Regards,

Regards,