12. ‘M’ a Muslim female died leaving her two daughters father, mother and husband. Distribute her property.

1. Facts of the Case

‘M’, a Muslim female, passed away leaving behind the following legal heirs:

• Two daughters
• Father
• Mother
• Husband

She left self-acquired property (or her estate) without leaving a will (intestate succession).

The question arises: How is the property of M to be distributed among her heirs under Sunni Muslim law?

2. Issues in the Case

1. What share of the property is entitled to each heir under Sunni Muslim law?
2. How is the estate distributed between husband, parents, and daughters?
3. Whether the daughters inherit equally and whether husband or parents have fixed shares.
4. Application of Sunni Muslim inheritance rules (Faraid) in this case.

3. Legal Principles Covered

A. Applicable Law

1. Muslim Personal Law (Shariat) Application Act, 1937 – Governs inheritance and succession among Muslims.
2. Sunni Hanafi Principles of Inheritance (Faraid):
   • Fixed shares (Farā’id) for immediate heirs:
     • Husband (widower)
     • Parents of deceased
     • Children
3. Key Shares under Sunni Law for a Deceased Female (with surviving heirs as above):
   • Husband: Receives 1/4th of the estate if deceased wife leaves children.
   • Mother: Receives 1/6th of the estate if deceased leaves children.
   • Father: Receives remainder after fixed shares (sometimes considered a residuary, depending on presence of other heirs).
   • Daughters: Two daughters together receive 2/3rd of the estate as co-heirs (if no sons).

B. Distribution under Sunni Law

1. Step 1 – Determine fixed shares:

Heir	Share
Husband	1/4 (since wife leaves children)
Mother	1/6 (since children exist)
Two daughters	2/3 together (residuary after fixed shares)

2. Step 2 – Calculation (Example: Total estate = 1 unit)

• Husband = 1/4
• Mother = 1/6
• Remaining for daughters = 1 – (1/4 + 1/6) = 1 – (5/12) = 7/12 → distributed equally → 7/24 each
• Father = He acts as residuary heir if applicable (Hanafi law may give father 1/6th + share of residuary).

3. Step 3 – Adjusting shares to total 1 unit

• Husband = 1/4 = 3/12
• Mother = 1/6 = 2/12
• Two daughters = 7/12 (total), i.e., each daughter 7/24
• Father = Remainder = 1 – (3/12 + 2/12 + 7/12) = 1 – 12/12 = 0?
  • Actually, under Sunni Hanafi law, father shares as residuary with daughters:
    • Daughters together 2/3
    • Husband 1/4
    • Mother 1/6
    • Father gets residual, often minimal if daughters take majority.

Note: Sunni Hanafi law treats daughters as residuary after fixed shares, so father may share with daughters as residuary.

C. Judicial Precedents / Reference

1. Mohammedan Law textbooks (Hidaya & Fatawa-e-Alamgiri)
   • Confirms husband receives 1/4, mother 1/6, daughters 2/3 together, father as residuary.
2. Principle: Shares are fixed by Quranic injunctions, no heir can be deprived of prescribed portion.

4. Possible Judgement

A. Court’s Likely Findings

1. Husband (widower): Receives 1/4th of M’s estate.
2. Mother of deceased: Receives 1/6th.
3. Two daughters: Together receive 2/3rd of the estate, divided equally → each daughter 1/3 of 2/3 = 2/6 = 1/3? Adjusted per residuary rules.
4. Father: Receives residuary share, i.e., the balance of the estate after fixed shares.

Exact fractions may vary slightly depending on Sunni Hanafi formula for residuary with daughters, but principle is fixed shares first, then residuary.

B. Judgment Summary Table

Heir	Share	Remarks
Husband	1/4	Fixed share as widow’s spouse with children
Mother	1/6	Fixed share as mother with children
Two daughters	2/3 together	Residuary heirs; share equally between them
Father	Residual	Receives what remains after fixed shares (as residuary)

About lawgnan:

When a Sunni Muslim female passes away intestate, her estate is distributed according to Quranic injunctions and Hanafi principles. The husband receives 1/4, the mother 1/6, and the daughters share 2/3 equally. The father may receive any residual portion as a residuary heir. These fixed shares ensure each heir’s rights are protected, and no one can be deprived of their prescribed portion. Understanding these rules is essential for correct inheritance distribution. To know your rights, calculate shares accurately, and ensure fair succession under Sunni Muslim law, visit lawgnan.in for expert guidance and actionable legal solutions.