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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AuthorMd. Shahnewaz Zwaki Advocate The Supreme Court of Bangladesh (High Court Division). Archives
June 2020
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