1. Facts of the Case
‘A’, a Sunni Muslim male, dies intestate (without leaving a will). At the time of his death, he is survived by the following relatives:
- Wife
- Father
- Mother
- Full Brother
The question arises as to how A’s property will be distributed among these surviving heirs according to Sunni Muslim Personal Law of Inheritance, as recognized under Muslim Law (Shariat) Application Act, 1937.
2. Issues in the Case
- Who are the legal heirs of the deceased Sunni Muslim under the Sunni Law of Inheritance?
- What are the respective shares of the wife, father, mother, and full brother?
- Does the presence of certain heirs exclude other heirs from inheritance?
- How will the estate be distributed among the surviving heirs?
3. Legal Principles Covered
A. Sources of Muslim Law of Inheritance
The Sunni law of inheritance is derived from:
- The Holy Quran
- Hadith (Traditions of the Prophet)
- Ijma (Consensus of Jurists)
- Qiyas (Analogical deductions)
In India, these rules are applied through the Muslim Personal Law (Shariat) Application Act, 1937.
B. Classification of Heirs
Under Sunni (Hanafi) Law, heirs are divided into two main classes:
- Sharers (Quranic Heirs) – persons who take a fixed share of the property, e.g., wife, parents, daughters.
- Residuaries (Asaba) – persons who inherit the remainder after the sharers have received their portions, e.g., son, brother, father (in some cases).
C. Determination of Heirs in the Present Case
The surviving relatives are:
- Wife (Sharer)
- Father (Sharer and Residuary)
- Mother (Sharer)
- Full Brother (Residuary)
Let’s now see their shares under Sunni Hanafi Law.
1. Wife’s Share
- As per Quran (Surah An-Nisa 4:12), “If you leave no child, your wife shall receive one-fourth.”
- Since there are no children, the wife gets 1/4 (one-fourth) of the property as a sharer.
2. Father’s Share
- When there are no children, the father becomes both a sharer and residuary.
- As a sharer, he gets 1/6.
- As a residuary, he takes the remainder after all sharers have received their portions.
3. Mother’s Share
- As per Quran (Surah An-Nisa 4:11), “If the deceased leaves neither child nor two or more brothers or sisters, the mother shall have one-third.”
- In this case, the deceased has one brother, not two or more.
- Therefore, the mother gets 1/3 of the estate.
4. Full Brother’s Position
- The full brother is a residuary, but he is excluded (blocked) by the presence of the father.
- In Sunni law, the father excludes all brothers (both full and half) from inheritance.
D. Calculation of Shares
Let the total estate = 1 (whole property)
| Heir | Relationship | Share Type | Fraction | Remarks |
|---|---|---|---|---|
| Wife | Sharer | 1/4 | Fixed share (no children) | |
| Mother | Sharer | 1/3 | Fixed share (since only one brother) | |
| Father | Sharer + Residuary | 1/6 + remainder | Takes remaining after sharers | |
| Full Brother | Residuary | — | Excluded by father |
E. Mathematical Distribution
- Find common denominator = 12
- Wife: 1/4 = 3/12
- Mother: 1/3 = 4/12
- Father (as sharer): 1/6 = 2/12
- Total of sharers = 3/12 + 4/12 + 2/12 = 9/12
- Remaining = 12/12 – 9/12 = 3/12
- The remaining 3/12 goes to Father as residuary.
F. Final Shares
| Heir | Share | Fraction | Percentage |
|---|---|---|---|
| Wife | 1/4 | 3/12 | 25% |
| Mother | 1/3 | 4/12 | 33.33% |
| Father | 1/6 + 3/12 | (2/12 + 3/12) = 5/12 | 41.67% |
| Full Brother | — | — | Excluded |
4. Possible Judgement
A. Court’s Likely Finding
Based on the Sunni Hanafi Law of Inheritance, the Court will determine that:
- The wife, mother, and father are Quranic heirs (sharers).
- The father, being also a residuary, takes the remaining balance after the shares of the wife and mother are distributed.
- The full brother is excluded by the father, since the father is a nearer male ancestor.
B. Final Distribution of Property
| Heir | Share in Fraction | Share in Percentage | Status |
|---|---|---|---|
| Wife | 1/4 (3/12) | 25% | Sharer |
| Mother | 1/3 (4/12) | 33.33% | Sharer |
| Father | 5/12 | 41.67% | Sharer + Residuary |
| Full Brother | — | — | Excluded |
C. Final Decision
- The property shall be distributed among the wife, father, and mother in the ratio of 3:5:4 (Wife:Father:Mother).
- The full brother shall not inherit anything due to exclusion by the father.
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