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Most of the civil cases involve partition or distribution cases. These cases take much longer than the average time to settle. However, if there was a clear idea about the law of inheritance, these cases might not need to be filed. Today, Muslim Inheritance or Faraiz Law is presented to the reader. There is a detailed description of this in the Qur'an. Later, Faraiz law was further enriched through Hadith and Ijma.
Immediately after the death of a Muslim, a share of the heirs was created in his property. The heirs of the main class are divided into three classes 71. Quranic partner, II. Survivors, 3. Distant relatives.
The 12 Qur'anic partners are specific. Of these, four are men and eight are women. Men are fathers, husbands and half-brothers. The eight women are mother, father and mother's mother, wife, daughter, son's daughter, sister, step-sister and step-sister. This time the father, husband, mother, daughter and wife will not be deprived of inheritance among such Qur'anic partners. Others may be deprived in some situations.
Close relatives who have a blood relationship with the deceased will receive the remaining portion in order after the distribution of the portion of the Qur'anic partners. These are called remnants.
Other relatives of the deceased, other than the Qur'anic partner and the survivor, are known as distant relatives. If there is no Qur'anic partner and remnant, they get the property.
Now we will look at the details of the part of these partners.
1) Husband: The husband will get 1/4 share in the property of the deceased wife of the son or son-in-law.
But in the absence of the son or his descending son, the husband will get 1/2 share in the property of the deceased wife.
2) Wife: If there is a son or a descendant of the son, the wife will get 1/6 share in the property of the deceased husband.
But if there is no one, then the wife will get 1/4 share. If more than one wife is present, all together will get that 1/4 share.
3) Father: The father's share in the property of the deceased son can be changed in three cases, but the father will not be deprived of the property. If the son or the son of the descending son is present, the father will get 1/6 share in the property of the deceased. But in the present case of a daughter or only a son's daughter (if there is no son or son's descending son, the father will first get 1/6 share as a partner.
And if there is no child of the deceased or any descendant of his son, the father will get the remaining share only after the distribution of the share to the remaining partners.
4) The father of the father or his descendants: In this case the general formula of Muslim inheritance law should be stated first — the present distant heir of the nearest heir is deprived of property by him (if the father or the father of the nearest father is present, the father will not get any share). His position in this case is the same as that of his father. In the case of the father, the father changes his position under the same conditions under which the part changes.
5) Daughter: If there is no son, only daughter will get 1/2 share in the property of the deceased and if there are more than one daughter, all together will get 2/3 share.
But if the son and daughter are present together, they will get the property in the ratio of 2: 1 in the remaining property without getting the property as a partner.
6) Daughter of the son / Daughter of the son of the son: Muslim Family Law Ordinance, 1961 has changed the original Muslim Hanafi law in this case. Section 4 of this Ordinance provides that if a son or daughter dies before the distribution of the property of the deceased, if he or she has a living child, he or she shall receive the share of his or her deceased father or mother.
How much will the mother get?
According to Muslim inheritance law, mothers can get property in three conditions. First, in the presence of the child of the child or son or in the presence of two or more siblings of the deceased child, the mother gets 1/6 share of the property.
But in the absence of any child or son and if the number of siblings of the deceased child is not more than one, the mother will get 1/3. In this case, if the husband or wife of the deceased child is the heir, the mother will get 1/3 share as a surplus.
If you have one sister, get 1/2 share alone and if you have more than one sister, get 2/3 share together. But if your brother exists, you get the property at the rate of 2: 1 as a shareholder with the brother.
But in the presence of the descendant of the deceased person's son or son's descendant, the father or father's descendant, his sister is excluded from the inheritance. Even in the presence of one or more daughters or sons of the deceased and his sister is excluded from inheritance.
Like your sister, a step-sister gets 1/2 share, multiple step-sisters get 2/3 share together. But if you have only one sister, you will get only 1/6 of the number of step-sisters. If there is a step-brother, he will get the property at the rate of 2: 1 as the remainder.
But in the presence of the child of the deceased or the child of the son, the father or his descendants, more than one sister or brother, the step-sister will be excluded.
In the presence of the child or son of the deceased or in the presence of the father or grandfather, the opposite brother or sister is excluded from the inheritance. In addition, one sibling will get 1/6 share and more than one sibling will get 1/3 share equally.
Inheritance of survivors
They are second class heirs. Heirs of this class receive property only in the absence of a partner or if there is anything left after the distribution among the partners. All of the survivors are associated with the deceased's ancestry. The male members belong to this category in their own right. E.g., son or grandson's son or own brother and step-sister.
Again, due to the relationship with the male relatives, four women get property as half of the men. For example, a daughter acquires property with her son, a sister with her brother, or a half-sister with her half-brother, half as a shareholder, although in the absence of a male member, they all acquire property as partners.
In the absence of the above two classes, distant relatives gain property. The number one member of the subclass is the descendant of the daughter of the deceased, the descendant of the daughter of the son. The members of the second subclass are the ancestors of the deceased such as unnatural grandparents, grandparents or his descendants. The members of the third sub-category are the descendants of the parents of the deceased such as siblings, daughters of siblings or their children. The members of the last category are the descendants of the deceased grandparents and great-grandparents, such as the daughter of their cousin or their descendants, the daughter of the father's half-brother or their descendants.