PRINCIPLES OF MUSLIM SUCCESSION
1. Fundamental Principles-
In Muslim law, there is no distinction between movable and immovable
property, or between ancestral and self-acquired property. All property
owned by a deceased person is treated equally for distribution.
Birthright: There is no "right by birth." A person only becomes an
heir when the owner of the property dies.
Doctrine of Representation: Unlike Hindu Law, Muslim law
generally does not recognize the doctrine of representation (if a
son dies before the father, the son's children usually do not
automatically inherit from the grandfather, though some modern
reforms exist).
Agnatic Proximity: Heirs are generally preferred based on their
closeness in the family line to the deceased.
2. The Four Duties (Prior Claims)-
Before any property can be distributed to heirs, four specific duties
must be performed in this strict order:
Funeral Expenses: Reasonable costs for the burial.
Debts: Payment of all outstanding debts of the deceased.
Wages: Payment of wages to any domestic servants or labourers.
The Religious Will (Legacy): Payment of legacies, provided they do
not exceed one-third of the remaining estate (the "Bequeathable
Third").
3. The Rule of the "Bequeathable Third-
A Muslim is not allowed to give away their entire estate by Will
(Wasiyat).
They can only bequeath a maximum of 1/3 of their property to a
non-heir.
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1. Fundamental Principles-
In Muslim law, there is no distinction between movable and immovable
property, or between ancestral and self-acquired property. All property
owned by a deceased person is treated equally for distribution.
Birthright: There is no "right by birth." A person only becomes an
heir when the owner of the property dies.
Doctrine of Representation: Unlike Hindu Law, Muslim law
generally does not recognize the doctrine of representation (if a
son dies before the father, the son's children usually do not
automatically inherit from the grandfather, though some modern
reforms exist).
Agnatic Proximity: Heirs are generally preferred based on their
closeness in the family line to the deceased.
2. The Four Duties (Prior Claims)-
Before any property can be distributed to heirs, four specific duties
must be performed in this strict order:
Funeral Expenses: Reasonable costs for the burial.
Debts: Payment of all outstanding debts of the deceased.
Wages: Payment of wages to any domestic servants or labourers.
The Religious Will (Legacy): Payment of legacies, provided they do
not exceed one-third of the remaining estate (the "Bequeathable
Third").
3. The Rule of the "Bequeathable Third-
A Muslim is not allowed to give away their entire estate by Will
(Wasiyat).
They can only bequeath a maximum of 1/3 of their property to a
non-heir.
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