Brother who is related to the deceased through another ie.
Rule of exclusion under muslim law. Therefore it is said that the nearer heir excludes the remote heir from inheritance. In such cases he may name only 13rd of his property to people outside the bloodline. Both under Shia as well as under Sunni law.
Eg if a Muslim died leaving behind a son a son of a predeceased son then the son inherited the property and the grandson totally excluded. Distribution of property under Muslim Law is done. It not possible to discuss all these rules in an article of this nature but in brief.
There are several rules of exclusion which determine the exclusion of some heirs by the presence of others. However insanity want of chastity or any physical deformity is not regarded as any disqualification for inheritance. Which leaves at least 23rd of his property that can be distributed amongst the family members.
The Muslim jurists justify the reason for denying the right of representation on the ground that a person has not even an inchoate right to the property of his ancestor until the death of that ancestor. The Company was vested with the power of collecting land revenue but criminal jurisdiction remained in the hands of Muslim law-officers so the criminal law was Muslim. Accordingly in the illustration given above E will be totally excluded from inheriting the properties of P.
The legator must be capable of knowing fully the legal consequences of his activities not only for a brief period when the declaration was made but much after that. Principles of Inheritance under Muslim Law. Under Muslim law no widow is excluded from the succession.
Hence the influence of Islamic Law was felt everywhere during the earlier days. Father and True Grandfather. A Will that is executed in apprehension of death is valid but under the.