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FAMILY LAW- II 

FUDAMENTAL DIFFERENCCES BETWEEN HINDU AND MUSLIM LAWS OF 

 INHERITANCE 
 INHERITANCE 

Supervised By:

 DR. ANJU
ANJU TIYAGI
TIYAGI

Submitted by:

 BHAV NINDER SINGH SIDHU

SIDHU (15 BALLB 14)
14)

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TABLE OF CONTENTS 

 INTRODUCTION 0
GENERAL RINCILES OF   5
 INHERITTANCE
 INHERITTANCE
CONCLUSION 1/ 
 BIBLIOGRAHY 12
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INTRODUCTION

The general law relating to the inheritance and succession can easily be referred to The
Indian Succession Act, 1925. Under this Act every Indian is entitled to eual shares
on inheriting the !ro!erty on the death of a !erson. The e"ce!tions are #indus, Si$hs, %ains,
&uddhists and 'usli(s as they are governed under se!arate laws of succession. As for the
 !ersons of different faiths than #induis( and 'oha((edan, the Indian Succession Act, 1925
a!!lies. )e can easily segregate the laws of nontesta(entary or intestate succession and
inheritance as would be a!!licable to #indus, Si$hs, %ains and &uddhist and with
*arsis, +hristians and %ews with that of 'usli(s and with !ersons of inter faith (arriages. 1

aws of succession a!!licable to #indus, Si$hs, %ains and &uddhist- for the nontesta(entary
or intestate successioninheritance, the governing law is the #indu Succession Act, 195/.
aws of succession a!!licable to *arsis- for the intestate succession the governing
law is the Indian Succession Act, 1925 s!ecifically under section 50 to 5/ of the Indian
Succession Act, 1925. aws of succession a!!licable to +hristians and %ews- for the intestate
the governing law is the Indian Succession Act, 1925 s!ecifically under section 1 to 9 of 
the Act. aws of succession governing 'usli(s- for nontesta(entary succession the The
'usli( *ersonal aw 3Shariat4 A!!lication Act, 19 is a!!licable and where a 'usli( has
died testate, the issue has to be governed under the Indian Succession Act, 1925 where a )ill
relates to i((ovable !ro!erty situate within the State of )est &engal, and that of 
'adras and 'u(bai %urisdiction.2

The #oly 6uran states 7Allah has !urchased fro( the believers their !ersons and their wealth
in lieu of %annah.7 'an is a trustee of the wealth that he owns for he duration of his life.
)hen his ter( of life e"!ires, his trusteeshi! over his wealth and !ro!erty e"!ires. It has then
to be redistributed in accordance with the directive of The Absolute 8wner Allah Taala.
irectives regarding the distribution of wealth after the de(ise of the !rovisional owner are

1 'General Principles Of Inheritance Under Muslim Law - Rules Relating !'

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principles2$+f2$inheritance2$under2$muslim2$law, accessed 22 pril 2$1%

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e"!licitly detailed in the #oly 6urann.Inheritance aws deals with distribution of one:s
wealth after heshe e"!ires. It deals with two $ey issues;

1. *rovide laws !ertaining to distribution of wealth a(ongst heirs, so heirs don:t fight.

2. <nsure that a =ust syste( can be established and the wealth is not accu(ulated into single
entity.

>eneral Inheritance aw in Isla( is based on following considerations;

1. &rea$ u! the concentration of wealth and distribution of wealth in society. 

2. ?es!ect right of ownershi! of an individual that he earned through legal (eans, and not
allow any individual, grou! or govern(ent to confiscate his !ro!erty after his de(ise. 5

. <ndorse and consolidate strong fa(ily syste( by =ustly distributing wealth a(ongst the
heirs/

. &y as$ing individual to write his will and !roviding detailed inheritance law, it
educate us that we are not an absolute (aster of this wealth, rather, its a(anah 3trust4 of Allah
that we are authori@ed to s!end according to his instructions. 

5. *rovide !eace of (ind that after our de(ise our fa(ily will be given their =ust right of 
inheritance.

/. It !ays es!ecial focus on wo(en:s inheritance, as wo(en were denied their right to
inheritance in other syste(s.9

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GENERAL PRINCIPLES OF SUCCESSION AND INHERITANCE

UNDER USLI LA! CAN BE SUARIES AS UNDER:

"#$ N%ture &' t(e Herit%b)e Pr&perty:

 #eritable !ro!erty is that !ro!erty which is available to the legal heirs for inheritance. After 
the death of a 'usli(, his !ro!erties are utilised for the !ay(ent of funeral e"!enses, debts
and the legacies i.e. wills, if any. After these !ay(ents, the re(aining !ro!erty is called
heritable !ro!erty. Under 'usli( law, every $ind of !ro!erty (ay be a heritable !ro!erty.
Bor !ur!oses of inheritance, 'usli( law does not (a$e any distinction between cor!us and
usufruct or, between (ovable and i((ovable, or, cor!oreal and incor!oreal !ro!erty. Under 
<nglish law, there is so(e difference in the inheritance of (ovable and i((ovable !ro!erty.
&ut, under 'usli( law there is no such distinction- any !ro!erty, which was in the ownershi!
of the deceased at the (o(ent of his death, (ay be the sub=ect(atter of inheritance. 10

Shia aw;

Under the Shia law, a childless widow is entitled to get her share 314 in the inheritance only
fro( the (ovable !ro!erty left by her deceased husband.11

1$ 'General Principles Of Inheritance Under Muslim Law - Rules Relating !'

"Slideshare.net # 2$1%& http())www*slideshare*net)hanifmulia)general2$-
principles2$+f2$inheritance2$under2$muslim2$law, accessed 22 pril 2$1%

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In #indu law the =oint fa(ily !ro!erty is divided into two categories;

• Unobstructed heritage 3i.e., A!ratibandha daya4;

Ancestral !ro!erty is unobstructed heritage. The essential feature of unobstructed heritage,

according to 'ita$shara aw is that the sons, grandsons and great grandsons acuire an
inherit in the !ro!erty inherited by birth. Their rights attach to it by their birth. The !ro!erty
is called unobstructed because the accrual of the right to it is not obstructed by the e"istence
of the owner.12

Thus, if A inherits !ro!erty fro( his father or grandfather or great grandfather it is ancestral
 !ro!erty or unobstructed heritage in the hands of A as regards the (ale issue because the
e"istence of A an obstruction to his son acuiring an interest but as regards other relations he
hold it as his absolute !ro!erty. If A has not (ale issue, other relation has no interest in the
 !ro!erty during the lifeCti(e of A.1

• 8bstructed heritage 3I.e. A!ratibandha dara4;

*ro!erty inherited by a #indu fro( a !erson other than his father, grandfather or great
grandfather is obstructed heritage. It is called obstructed because the accrual of the rights to it
is obstructed by the e"istence of the owner .1

The owner holds it as his se!arate and absolute !ro!erty. The relations of the owner do not
ta$e a vested interest in it by birth. They are entitled to it only on the death of the owner. Thus
the !ro!erty which devolves on !arents, brothers, uncles, ne!hews, etc. on the death of the
last owner is obstructed heritage.15

12 'Useful 4+tes On Un+.structed 5eritage nd O.structed 5eritage' " World’s Largest
Collection of Essays! Published by Experts# 2$13&
http())www*share6+uressa6s*c+m)11/%)useful-n+tes-+n-un+.structed-heritage-and-
+.structed-heritage, accessed 22 pril 2$1%*

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8bstructed heritage devolves by succession e"ce!t in the following cases in which it !asses
 by survivorshi!.

1. Two or (ore sons, grandsons and great grandsons succeeding as heirs to the se!arate
 !ro!erty of their !aternal ancestor ta$e as =oint tenants with rights or survivorshi!.

2. Two or (ore grandsons by a daughter who are living as (e(bers of a =oint fa(ily
succeeding as heirs to their (aternal grandfather ta$e as =oint tenants with rights of 
survivorshi!.

. Two or (ore widows succeeding as heirs to their husband ta$e as =oint tenants with
survivorshi! rights.

. Two or (ore daughters succeeding as heirs to their father ta$e as =oint, tenants. &ut in the
&o(bay State, they ta$e absolute estate in severalty.

The 'ita$shara aw recogni@es the distinction between obstructed and unobstructed
heritage, but under ayabhaga aw. <very $ind of heritage is obstructed and it does not
recogni@e any such distinction because according to &engal School no !erson at all acuires
any interest by birth in the !ro!erty of another and the rule of survivorshi! does not a!!ly to
this school.1/

() J!"t !' A"3&t'a# '!&'t

The conce!t of a =oint fa(ily or of co!arcenaryDs !ro!erty 3as is recognised

under #indu law4 is not $nown to 'usli(s. )henever a 'usli( dies, his !ro!erties devolve
on his heirs in definite share of which each heir beco(es an absolute owner. Subseuently,
u!on the death of such heir, his !ro!erties are again inherited by his legal heirs, and this
 !rocess continues.

Thus, unli$e #indu law, there is no !rovision for any ancestral or =oint fa(ily !ro!erty.
Accordingly, under 'usli( law of inheritance, no distinction has been (ade between
selfacuired and ancestral !ro!erty. All !ro!erties, whether acuired by a 'usli( hi(self or 
inherited by his ancestors, are regarded as an individual !ro!erty and, (ay be inherited by his

#indu law recogni@es the conce!t of =oint fa(ily !ro!erty. +o!arcenary is Eunity of title,
 !ossession and interestF. #indu +o!arcenary is a (uch narrower body than a #indu =oint

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BIBLIOGRAPH*

• Agarwal &, :#indu )o(enDS *ro!erty ?ights In ?ural India; aw, abour And
+ulture In Action: 320094  Asian %ournal of +ri(inology
• Agrawal L, Family Law In India 3Lluwer aw International 20104
• &ric$ , :The S!irit 8f #indu aw. &y onald ?. avis, %r.: 320104  The %ournal of 
#indu Studies
• +A. ?, Succession Laws Nhtt!;www.caaa.inI(ageSucessionO20aws.!dfP
accessed 22 A!ril 201/
• :>eneral *rinci!les 8f Inheritance Under 'usli( aw C ?ules ?elating TG:
3Slideshare.net , 201/4 Nhtt!;www.slideshare.nethanif(uliageneral20C
 !rinci!les20of20inheritance20under20(usli(20lawP accessed 22 A!ril 201/
• :Inheritance And Succession, ?ights 8f )o(en And aughters Under *ersonal aws Q
e"orates C aw S!ea$ing *eo!le: 3 Lexorates.com, 201/4
Nhtt!;www.le"orates.co(articlesinheritanceCandCsuccessionCrightsCofCwo(enCandC
daughtersCunderC!ersonalClawsP accessed 22 A!ril 201/
• Schaebler &, :Introduction: 32014 10 The 'usli( )orld
• :1 >eneral *rinci!les 8f Inheritance Under 'usli( aw In India: 3 World’s Largest 
Collection of Essays! Pulished y Exerts, 2014
Nhtt!;www.shareyouressays.co(1151CgeneralC!rinci!lesCofCinheritanceC
underC(usli(ClawCinCindiaP accessed 22 A!ril 201/
• :)hat Are The octrine 8f ?e!resentationD And Stri!ital SuccessionD Under 'usli(
awR: 3World’s Largest Collection of Essays! Pulished y Exerts, 2014
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Nhtt!;www.shareyouressays.co(1159whatCareCtheCdoctrineCofCre!resentationC
andCstri!italCsuccessionCunderC(usli(ClawP accessed 22 A!ril 201/
• :Useful Hotes 8n Unobstructed #eritage And 8bstructed #eritage: 3World’s Largest
Collection of Essays! Pulished y Exerts, 2014
Nhtt!;www.shareyouressays.co(11/usefulCnotesConCunobstructedCheritageC
andCobstructedCheritageP accessed 22 A!ril 201/.
•  H8AH <T A, %. ?.