Facts of the Case
A Muslim man dies intestate (without making a will) leaving behind three heirs — his mother, one daughter, and one son. The deceased was a Sunni Muslim governed by Sunni (Hanafi) Law of Inheritance. There are no other surviving heirs such as a wife, father, or brothers. The total property of the deceased is to be divided among these legal heirs according to the Quranic principles of inheritance (Faraid). The issue arises as to what proportion of the estate each heir is entitled to receive under Muslim Personal Law.
Issues in the Case
- What is the share of the mother when the deceased leaves children (a son and a daughter)?
- How should the daughter and son inherit the remaining property after allocating the mother’s share?
- Does the principle of “a male takes the share of two females” under Quranic injunctions apply in this situation?
- How should the estate be equitably distributed among the heirs under Sunni inheritance principles?
Legal Principles Covered to Support Case Proceedings and Judgements
Under Sunni Law of Inheritance, heirs are classified into Sharers (Quranic heirs) and Residuaries (Agnatic heirs). The mother and daughter are Sharers, while the son is a Residuary. Distribution of inheritance is governed by Quranic verses (Surah An-Nisa, 4:11) and codified in Mulla’s Principles of Mahomedan Law, Sections 65–70.
- Mother’s Share:
According to Section 66 of Mulla’s Principles, when the deceased leaves children, the mother takes one-sixth (1/6) of the estate. - Daughter’s Share:
A single daughter, in the absence of a son, would take half (1/2) of the estate as a Quranic sharer. However, if a son is present, she ceases to be a sharer and becomes a residuary with the son, taking half the share of the son. - Son’s Share:
The son is a residuary who takes the balance of the estate after sharers receive their fixed shares. The rule under Surah An-Nisa (4:11) states that “a male shall have the share of two females.” Therefore, the son inherits twice the share of the daughter.
Hence, after assigning 1/6th to the mother, the remaining 5/6th is distributed between the son and daughter in a 2:1 ratio.
Possible Judgement
Based on the above legal principles, the property should be distributed as follows:
- Mother: 1/6 (approximately 16.67%) of the total estate as a fixed share (sharer).
- Son and Daughter: The remaining 5/6 (approximately 83.33%) is divided in the ratio of 2:1.
- Son: (2/3) × (5/6) = 10/18 = 5/9 of the estate.
- Daughter: (1/3) × (5/6) = 5/18 of the estate.
Final Distribution Summary:
- Mother: 1/6 = 3/18
- Son: 5/9 = 10/18
- Daughter: 5/18
Total = 3/18 + 10/18 + 5/18 = 18/18 (Whole estate)
Therefore, under Sunni Muslim Law, the mother gets 1/6, and the remaining estate is shared between the son and daughter such that the son’s share is double that of the daughter.
Supporting Authorities:
- The Holy Quran, Surah An-Nisa (4:11)
- Mulla’s Principles of Mahomedan Law, Sections 65–70
- Tyabji’s Muslim Law, 4th Edition, Chapter on Inheritance
Mnemonic to Remember — “MSD 1-2 Rule” (Mother, Son, Daughter – 1/6, 2:1 Ratio)
- M – Mother gets 1/6 (fixed sharer)
- S – Son gets two shares
- D – Daughter gets one share
- 1-2 Rule – After the mother’s share, divide remaining in 2:1 ratio between son and daughter
Summary:
When a Muslim dies leaving behind a mother, son, and daughter, the mother takes one-sixth of the estate as a fixed sharer, and the son and daughter share the remaining property in the ratio of 2:1, reflecting the Quranic rule that a male inherits twice the share of a female.
About lawgnan:
Understand the distribution of inheritance under Sunni Muslim Law when a person dies leaving behind a mother, son, and daughter at Lawgnan.in. Explore how the mother receives one-sixth (1/6) as a fixed share, while the son and daughter share the remainder in a 2:1 ratio, as directed by Surah An-Nisa (4:11) and Mulla’s Principles of Mahomedan Law. Learn the legal and Quranic reasoning that ensures fairness and family balance in inheritance. Lawgnan provides detailed insights into Muslim personal law, succession rights, and estate distribution principles applicable under Indian law.
