Class II of Distant KindredRules of distribution:
(i) The nearer in degree excludes the more remote. (ii) Among claimants in the same degree, those connected with the deceased through sharers (Koranic heirs) are preferred to those connected through distant kindred. (iii) Where there are claimants both on the paternal side and on the maternal sider, 2/3 is assigned to the paternal side and 1/3 to the maternal side. The portion assigned to the paternal side is then divided among the ancestors of the father, and the portion assigned to the maternal side among the ancestors of the mother. Class III of Distant KindredAccording to Mulla: Rule I The nearer in degree excludes the more remote. Thus the children of brothers and sisters exclude their grandchildren; the sister’s son excludes the brother’s son’s daughter. Rule II Among the claimants in the same degree of relationship, the children of residuaries are preferred to those of distant kindred. Thus a full brother’s son’s daughter, being a child of a residuary (full brother’s son), is preferred to full sister’s daughter’s son who is the child of a distant kinswoman (full sister’s daughter). Rule III In the same degree of relationship, the subject to Rule II above, the descendants of full brothers exclude those consanguine brothers and sisters. But the descendants of full sisters do not exclude the descendants of consanguine brothers and sisters, and the latter take the residue, if any, after allotting shares to the descendants of full sisters and of uterine brothers and sisters. The descendants of uterine brothers and sisters are not excluded by descendants of either full or consanguine brothers or sisters, but they inherit with them. Order of succession1. Full brother’s daughters, f.s.’s son and d., u.b’s and u.s.’s son and d. 2. F.s.’s son and d, u.b.’s son and d, u.s.’s son and d, con. b.’s d.’s and con.s.’s children, the consanguine group taking the residue. 3. Con.b.’s d.s. , con.s’s children, u.b.’s and u.s.’s children. 4. F.b.’s son’s d.s (children of residuaries) 5. con.b.’s son’s d.s 6. F.b’s d’s children, f.s.’s grandchildren, and u.b. and s’s grandchildren. 7. F.s.’s grandchildren, grandchildren of u.b.s. and s.s., children of con b’s d., grandchildren of con.s. (con –group taking residue.) 8. Con. b’s d’s children, con. s’s grandchildren, u.b. and s’s grandchildren. 9. Remoter descendants of brothers and sisters in like order. Of the above groups each in turn must be exhausted before any member of the next group can succeed. {see also Residuary, Table of Sharers(Sunni), Distant Kindred(Part-1) and Distant Kindred (Part-2)} Related articles
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Class-I of Distant Kindred
Principles of Distribution and Exclusion:-Rule–I: (a) Members belonging to the class of distant kindred inherit only in the absence of sharers and residuaries. (b) Among the distant kindred themselves, Class-I (Descendants) excluded Class-II (Ascendants), which in turn exclude Class-III (Descendants of parents), which in turn exclude Class-IV (Descendants of grandparents). Rule-II Nearer in degree more remote. Rule-III Where the degrees are equal, the children of shearers and residuaries are preferred to those of distant kindred. Order od succession: 1. Daughter’s Children. 2. Son’s Daughter. 3. Daughter’s grandchildren. 4. Son’s son’s daughter’s children and remoter heirs. (Of the above, each entirely excludes the one who follows.) Allotment of hares:-After determining on the above principles who the heirs are, let us proceed further and allot the shares to each. The following simple rules must be carefully remembered. Rule-I If the intermediate ancestors do not differ in there sexes, the estate is to be divided among the claimants per capital, the male taking a double share. Rule-II If the intermediate ancestors differ in there sexes, the distribution will take effect according to the following sub-rules : Sub-rule (i) : Two claimants, two lines of descent:- According to Mullah, the simplest case is where there are only two claimants, the one claiming though one line of ancestors, and the other claiming though another line. According to Abu Yusuf--- The sex of the intermediate ancestors is to be disregarded, and the sex of present heirs counts. The allocation of share will be: male and female taking in the proportion of two to one . According to Imam Muhammad –-- This method of distribution is to pause at each degree where the sexes differ. In the above example, the sexes do not differ in the first generation(both are daughters); but in the second generation(one is a son and the other is a daughter). Here, applying the principle that male takes double to female, dead son gets two shares and dead daughter gets one share. These share devolve upon the two present living heirs. These, the son gets one share and the daughter two shares. Sub-rule (ii): Three claimants, three lines of descent:- Where there are three or more claimants, each claiming through a different line of ancestors. Here again, the rule is to stop at first line in which the sexes of the intermediate ancestors differ, and to assign to each male ancestor a portion double that of each female ancestor. But in this case the individual share of each ancestor does not descend to his or her descendants as in the preceding case, but the collective share of all the male ancestors is to be divided among all the descendants claiming through them, and the collective share of all the female ancestors is to be divided among their descendants, according to the rule , as between claimants in the same group, of a double portion to the male. Sub-rule (iii) More than two claimants, two lines:- When there are two or more claimants through the same intermediate ancestor, there is a farther rule to be applied. “ Count for each such ancestor, if male, as many males as there are claimants claiming through him, and if female, as many females as there are claiming through her, irrespective of the sexes of the claimants. {see also Residuary, Table of Sharers(Sunni) and Distant Kindred(Part-1)} Related articles
List of distant kindredThe following is the list of distant kindreds, which are grouped into four classes as that in case of residuaries:
I. Descendants of the deceased
2. False Grandmothers h.h.s. . III. Descendants of parents1. Full brother’s daughters and their descendants. 2. Consanguine brother’s daughters and their descendants. 3. Uterine brother’s children and their descendants. 4. Daughters of full brother’s sons h.l.s. and their descendants. 5. Daughters of Consanguine brother’s sons h.l.s. and their descendants. 6. Sister’s (full, consanguine or uterine) children and their descendants. IV. Descendants of immediate grandparents1. Full parental uncle’s daughters and their descendants. 2. Consanguine parental uncle’s daughters and their descendants. 3. Uterine parental uncles and their children and their descendants. 4. Daughters of full parental uncle’s sons h.l.s. and their descendants. 5. Daughters of consanguine parental uncle’s sons h.l.s. and their descendants. 6. Parental aunts (full, consanguine or uterine) and their children and their descendants. 7. Maternal uncles and aunts and their children and their descendants. and Descendants of remoter ancestors h.h.s (true or false) |
AuthorMd. Shahnewaz Zwaki Advocate The Supreme Court of Bangladesh (High Court Division). Archives
June 2020
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