Facts of the Case
A Sunni Muslim male dies intestate, leaving behind the following legal heirs: his mother, two wives, one son, and one daughter. The total property of the deceased is to be distributed according to Sunni Law of Inheritance, which follows the Quranic system of fixed shares (Faraid). The issue involves calculating the respective shares of all legal heirs and determining how the remainder, if any, should be distributed among residuary heirs (Asaba). The distribution will be governed by the Muslim Personal Law (Shariat) Application Act, 1937, and Mulla’s Principles of Mohammedan Law, as applicable to Sunni Muslims.
Issues in the Case
- What are the respective shares of the mother, wives, son, and daughter under Sunni Muslim law?
- Who are the Quranic sharers, and who are the residuary heirs?
- How is the estate divided among all the heirs according to the fixed rules of succession?
- Whether any balance or residue remains after assigning fixed shares, and to whom does it pass?
Legal Principles Covered to Support Case Proceeding and Judgements
Under Sunni Muslim Law, heirs are divided into Quranic sharers and residuary heirs (Asaba):
- Mother: A Quranic sharer entitled to 1/6th of the estate because the deceased has children (Surah An-Nisa 4:11).
- Wives: Jointly entitled to 1/8th of the estate if the deceased left children (Surah An-Nisa 4:12). Thus, both wives will share this 1/8 equally.
- Son and Daughter: They are residuary heirs (Asaba). After the sharers’ shares are deducted, the residue goes to them in the ratio of 2:1 (male gets double the female’s share).
Calculation (using 24 as the total estate units for simplicity):
- Mother = 1/6 = 4/24
- Wives (jointly) = 1/8 = 3/24 → Each wife = 1.5/24
- Remaining estate = 24 – (4 + 3) = 17/24 to be distributed between son and daughter in 2:1 ratio.
So,
- Son = 2/3 × 17/24 = 11.33/24
- Daughter = 1/3 × 17/24 = 5.67/24
Legal Reference:
- Mulla’s Principles of Mohammedan Law, Sections 65–68.
- Mohd. Yusuf v. Abdul Rahim (AIR 1936 Bom 110) – reaffirming Quranic shares are fixed and binding.
Possible Judgement
The property should be divided as follows:
| Heir | Share Fraction | Share Percentage | Explanation |
|---|---|---|---|
| Mother | 1/6 | 16.67% | Fixed Quranic sharer |
| Two Wives | Jointly 1/8 | 12.5% (6.25% each) | Fixed Quranic sharer |
| Son | 11.33/24 | 47.22% | Residuary heir (2 parts) |
| Daughter | 5.67/24 | 23.61% | Residuary heir (1 part) |
Thus, under Sunni Muslim law, the estate is distributed to the mother, two wives, son, and daughter according to the fixed and residuary shares.
Key Principle: The Quranic sharers receive their fixed portions, and the residue passes to the nearest male and female descendants in the 2:1 ratio.
Mnemonic to Remember – “M-W-SD 1/6-1/8-2:1”
- M – Mother gets 1/6
- W – Wives jointly get 1/8
- S – Son gets double
- D – Daughter gets half of son’s share
- 1/6-1/8-2:1 = Quick formula for division
Hence, under Sunni Muslim law, the mother receives 1/6, both wives together 1/8, and the residue is distributed between the son and daughter in a 2:1 ratio.
About lawgnan:
Understand how property is divided under Sunni Muslim Law of Inheritance with clear explanations at Lawgnan.in. Learn the Quranic principles of succession under the Muslim Personal Law (Shariat) Application Act, 1937, and Mulla’s Principles of Mohammedan Law. Discover how fixed shares (Faraid) are allotted—mother gets 1/6, wives jointly get 1/8, and the residue goes to son and daughter in a 2:1 ratio. Lawgnan provides simplified guides on Muslim inheritance laws, Quranic sharers, and residuary heirs, ensuring clarity for students, legal researchers, and practitioners.
