Rules of Intestate Succession Among Muslims

Muslims do not have any written laws regarding succession. Their holy scriptures serve as their legal code to regulate intestate succession.

Rules of Intestate Succession Among Sunni Muslims

• The three types of heirs recognized by Sunnis are: Sharers (heirs of the Quran), Residuaries (agnatic heirs), and Distant Kindred (uterine heirs).
• The most favored heirs are sharers. Sharers are first given their Quranic shares. After giving them their shares, everything that remains goes to residuaries.
• Sharers exclude residuaries and distant relatives if their shares exhaust the entire inheritance.
• As long as there is an heir who falls under the sharer or residual class, the distant relatives are not eligible to succeed. However, there is one instance when distant relatives will inherit with the wife or spouse of the dead; there are no additional sharers or residuaries.

Rules of Intestate Succession Among Shia Muslims

Heirs among Shias fall into two groups, namely:

• Heirs by consanguinity.
• Heirs by marriage, such as those of a husband and wife,.

Heirs by Consanguinity

Consanguinity-based heirs are further separated into three classes:

• Class I: Parents and kids are included in Class I.
• Class II: Grandparents, siblings, and their offspring, among others, are included in Class II.
• Class III.: The deceased’s parents, grandparents, and uncles and aunts, both maternal and paternal, are included in Class III.

The first group excludes the second, and the second group excludes the third among the consanguineous heirs. If there are heirs in both categories—that is, heirs by marriage and heirs by consanguinity—then the claims in both categories inherit jointly.

An individual who passes away without leaving a will is referred to as intestate, and the transfer of his assets is known as intestate succession. Under intestate succession, the assets are passed down by the legislation or customs that govern the decedent. The Indian Succession Act delineates the process for distributing an individual’s belongings in the event of an intestate death. As per the relevant personal statute, the assets acquire vested rights. There are major issues when there are several heirs since some assets are more profitable than others.

Key Takeaways

• When a person passes away without leaving a valid and legal will, they are considered intestate, and the transfer of their assets or estate is referred to as intestate succession.
• Property can be transferred through inheritance. The right of an heir to inherit property upon the death of an ancestor through a line of succession is known as inheritance.
• An heir is a person who has the legal right to inherit assets following the passing of an intestate.
• Every religion has its regulations to cover intestate succession, some religion follows the succession act, while some follow their religious scripture.