Shia Laws of Inheritance - Clases and Sharers

In respect of Shia Laws of Inheritance only the first marriage is considered to be valid.

Shia law divides legal heirs into two groups:-

(1) Heirs by consanguity and (2) Heirs by marriage.

The second group includes husband or wife. The first group can be further sub divided into three basic classes:-

Class 1:

(i) Parents, and

(ii) Children (male and female). The children also include their descendants how low so ever irrespective of the fact whether they are descendants of male or female children.

Class 2:

(i) Grandparents (true or false) how high so ever, and

(ii) Brothers and sisters (full, consanguine, and uterine) and their descendants how low so ever irrespective of their gender.

Class 3:

(i) Paternal uncles and aunts,

(ii) Maternal uncles and aunts, and

(iii) Their children how low so ever irrespective of their gender.

Class I excludes Class II and class II excludes Class III. Heirs of different sections within a class inherit together and do not exclude each other. The nearer degree in each section excludes the more remote in that section.

The heirs who are entitled to a specific share are known as Sharers, while those who's shares are not defined are 'Resudiaries'. 

ANNEXURE “A”

TABLE OF SHARERS – SHIA LAW

(Baillie, II, 271-276, 381.)

Shares	Normal Share		Conditions under which the share is inherited	Share at varied by special circumstances
	Of one	Of two or more collectively
Husband	1/4	----	When there is a lineal descendant	1/2 when no such descendant
Wife	1/8	1/8	When there is a lineal descendant	1/4 when no such descendant
Father	1/6	-----	When there is a lineal descendant	[If there be no lineal descendant, the father inherits as a residuary]
Mother	1/6	-----	(a) When there is a lineal descendant (b) When there are two or more full or consanguine brothers, or one such brother and two such sister, or four such sisters, with the father.	1/3 in other cases
Daughter	1/2	2/3	When no son.	[With the son she takes as a resudiary]
Uterine brother	1/6	1/3	When no parent or lineal descendant	-----
Uterine sister
Full sister	1/2	2/3	When no parent, or lineal descendant, or full brother, or father's father.	[The full sister takes as a residuary, with t5he full brother and also with the father's father]
Consanguine sister	1/2	2/3	When no parent, or lineal descendant, or full brother or sister, or consanguine brother or father's father	[The consaguine sister takes as a residuary with the consanguine brother and also with the father's father]