14.  A Muslim male dies intestate leaving behind two sons and two daughters. Distribute his property as per Sunni law of succession.

1. Facts of the Case

‘A’, a Muslim male, dies intestate (without leaving a will). At the time of his death, his legal heirs consist of:

• Two sons — S₁ and S₂
• Two daughters — D₁ and D₂

No other heirs such as parents, spouse, or grandparents are alive at the time of his death. The property of the deceased must therefore be distributed according to the Sunni Law of Succession under the Muslim Personal Law (Shariat) Application Act, 1937.

2. Issues in the Case

1. Who are the legal heirs entitled to inherit under Sunni Muslim Law in this situation?
2. What is the ratio of distribution of the property between the sons and daughters?
3. Whether the daughters receive an equal share to that of the sons or a lesser proportion?
4. How will the property be divided and distributed among the heirs as per the Quranic principles of inheritance?

3. Legal Principles Covered

A. Relevant Law and Sources

• Muslim Personal Law (Shariat) Application Act, 1937
• Quranic Law of Succession (Sunni Hanafi School) — particularly derived from:
  • Surah An-Nisa (Chapter 4, Verses 11–12), which lays down the basic shares of heirs.
• Principles of Inheritance under Sunni Law:
  1. The property of the deceased is divided after payment of funeral expenses and debts.
  2. In the absence of any will, the property devolves upon the heirs by operation of law.
  3. The heirs are classified into:
     • Sharers (Quranic heirs) — those who take fixed shares; and
     • Residuaries (Agnatic heirs) — those who take the remainder after sharers’ shares are distributed.

B. Application of Rules in This Case

1. Heirs Present — Two sons and two daughters.
   • All four are residuaries under Sunni law.
   • No sharers (such as wife or parents) are present, so the whole estate will go to these residuaries.
2. Principle of Distribution:
   Under Sunni Hanafi Law, the male heir takes twice the share of a female heir.
   • This is based on Quran, Surah An-Nisa (4:11) — “To the male, a portion equal to that of two females.”
3. Calculation of Shares:
   • The total property is divided into six equal parts (for ease of division).
   • Each son receives 2 parts, and each daughter receives 1 part.
   Hence:
   • Son₁ = 2 shares
   • Son₂ = 2 shares
   • Daughter₁ = 1 share
   • Daughter₂ = 1 share
   Total = 2 + 2 + 1 + 1 = 6 shares
4. Proportion in Fractions:
   • Each son gets ⅓ (two-sixths) of the total property.
   • Each daughter gets ⅙ (one-sixth) of the total property.

C. Supporting Judicial References

• Abdul Raheem v. Narayan Das (1933) 60 IA 86 (Privy Council) — established that under Sunni Law, the principle of double share for males is mandatory and based on Quranic injunction.
• Rukia Begum v. Abdul Khalique (AIR 1981 All 171) — confirmed that daughters are residuaries with sons and inherit half the share of a male heir.
• Fyzee’s Outlines of Mohammedan Law (5th Ed.), pp. 427–430 — explains the concept of residuaries and the rule of 2:1 distribution.

4. Possible Judgement

Findings and Application:

Based on the Sunni Law of Inheritance and the principles derived from the Quran and classical authorities:

1. The deceased A’s entire estate will devolve equally among his two sons and two daughters, following the rule that each male gets double the share of a female.
2. No other sharers (like wife or parents) are alive; therefore, the entire estate goes to the residuaries (sons and daughters).

Final Distribution:

Heir	Relation to Deceased	Share Ratio	Fraction of Property
Son₁	Son	2 parts	2/6 (1/3)
Son₂	Son	2 parts	2/6 (1/3)
Daughter₁	Daughter	1 part	1/6
Daughter₂	Daughter	1 part	1/6

Total = 6 parts = 100% of the property

Judgement:

Under the Sunni Muslim Law of Succession, the distribution of the deceased’s property shall be as follows:

• Each son will inherit one-third (1/3) of the total property.
• Each daughter will inherit one-sixth (1/6) of the total property.

This distribution follows the Quranic injunction and is legally valid under the Shariat as applied through the Muslim Personal Law (Shariat) Application Act, 1937.

About lawgnan:

Under the Sunni Muslim Law of Inheritance, when a man dies intestate leaving only sons and daughters, the estate devolves upon them as residuaries. The Quran prescribes that each male receives a share equal to that of two females. Thus, every son inherits one-third (1/3) and each daughter one-sixth (1/6) of the total property. This reflects the divine principle of proportional justice in inheritance. To understand your legal rights, calculate rightful shares, and ensure a fair division of property under Muslim Law, visit lawgnan.in for expert legal assistance and personalized guidance.