Inheritance Under Hanafi Law

7578 WordsApr 7, 201331 Pages
INHERITANCE UNDER HANAFI LAW CONTENTS AKNOWLEDGEMENT……………………………………………………..2 RESEARCH METHODOLOGY……………………………………………3 CONTENTS………………………………………………………………….4 I. INTRODUCTION…………………………………………………………...5 GENERAL PRINCIPLES ………………………………………………….6 a. UNDER HANAFI LAW II. III. DEFINITION………………………………………………………………..8 INHERITANCE UNDER …………………………………………………10 a. HANAFI LAW IV. V. CONCLUSION…………………………………………………………….26 VI. BIBLIOGRAPHY………………………………………………………….27 4|Page I. INTRODUCTION. The law of succession in India falls within the realm of personal law. Due to this, we have so many different succession laws, each purporting to reflect the diverse and differing aspirations, customs, and mores of the community to which the statute in question…show more content…
and the residue goes to the customary heirs. For instance, when a deceased has left a daughter and a brother, the former will take 1/2 (as specified by the Koran) and the brother will take the residue which is 1/2. If the deceased had left two daughters and a brother, then, the daughters 6|Page together will take 2/3 (as specified by the Koran) and the brother will take the residue which is 1/3. (ii) The Koranic heirs and the customary heirs may be equally near to the deceased. In such a case double portion is given to the customary heir. In this situation the Koranic heir is a female of equal proximity with the customary heir, but she was disqualified under the customary law on account of her sex. Now she has been made to rank equally with the customary heirs in respect of the residue of the estate after the prior claim of the Koranic heirs are satisfied. As to the rights of heirs vis-à-vis each other, if the heirs of the same class differ from each other in their sex, they- inherit equally (here the principle of male taking twice the share of a female goes not apply). For instance, if a Muslim dies leaving behind father and mother, then each takes 1/6 of the estate. In this case neither can claim priority over the other on the basis of greater proximity or on the basis of customary law. \ The modifications thus made by the Koran as interpreted by the Hanafis are restricted to agnates, with a few exceptions where
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