Pages

Saturday, January 17, 2015

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]

No comments:

Post a Comment