Succession
Meaning of Succession.
Succession, in legal terms, means succeeding to the rights of another.
Definition of Succession.
The order in which or the conditions under which one person after another succeeds to a property, dignity, title.
Meaning of Inheritance
Inheritance refers to the assets that an individual bequeaths to their loved ones after they pass away
Succession law in Pakistan
Currently, only the Succession Act of 1925 and the Muslim Family Law Ordinance 1961 under Section 4, provides for a provision relating to inheritance and succession under Pakistani laws.
Purpose of Succession Act.
Purpose of Succession Act is to correct any unfair treatment of people who were dependent upon the deceased and were not provided for in the deceased’s will.
Islamic law on inheritance
The Islamic law on inheritance varies according to the Muslim sects. The two primary classifications include Sunni law on inheritance, and Shi’ite Law on Inheritance.
Difference between inheritance and Succession
| Inheritance | Succession |
| Inheritance laws are statutes and rules that determine how individuals receive assets from the estate of a deceased family member, these laws ensure that beneficiaries can acquire some form of inheritance in the event that a will was never written or doesn’t cover all of the deceased person’s assets | Succession is the process of settling a deceased person’s estate and distributing the property to those who inherit after the debts are paid, the term ‘succession’ may also be used to refer to the estate of a person leaves behind at death. |
Important duties to be performed when muslim dies.
- Paying funeral and burial expenses;
- Paying debts of the deceased;
- Determine the value/will of the deceased;
- Distributing the remaining property and estate to the relatives of the deceased according to Sharia Law.
When inheritance distributed?
Inheritance of property in Muslim law distributed only after the death of a person, among the legal heirs of deceased
- SUNNI LAW OF INHERITANCE
Under Sunni Law, there are following three kinds of legal heirs,
- SHARERS OR QURANIC HEIRS
After the payment of the funeral expenses, debts and legacies, the estate called the “net estate” is distributed amongst the sharers .
- RESIDUARIES
If there are no sharers or if there are sharers, but there is a residue left over, after satisfying the sharers, the whole inheritance or the residue, as the case may be, devolves on the residuaries in the following order:
- The descendants
- Then the ascendants
- Then the collateral
- Finally, the Collaterals
- DISTANT KINDRED
If there are neither sharers nor reliquaries, the inheritance is divided among distant kindred. Provided that when the only sharer is a husband or a wife, and there are no residuaries, then after satisfying the share of the husband or the wife, the residue is taken by the distant kindred.
- Division of Distant Kindred:
- Descendants of the deceased
- Ascendants of the deceased
- Descendants of the parents of the deceased
- Descendants of grand-parents (true or false) so that the descendants of the nearer grand-parents exclude those of the farther ones
Table of shares – Sunni Law
|
Sharers |
Normal Share |
Condition under which the normal share is inherited |
This column sets out
(A) Shares of Sharers Nos:3, 4, 5, 8 and 12 as varied by special circumstances; (A) Conditions under which sharers Nos:1, 2, 7, 8, 11 and 12 succeed as Residuaries |
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|
Of one |
Of Two or more collectively |
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| 1. | FATHER | 1/6 | When there is a child
or child of a son |
When there is no child or child of a son
the father inherits as a residuary |
||
| 2.TRUE GRANDFATHER | 1/6 | When there is a child or child of a son and no father or nearer
true grandfather. |
When there is no child or child of a son. the inherits as a residuary provided there is no father or nearer
|
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| 3. | HUSBAND | ¼ | When there is a child
or child of a son |
½ when no child or child of a son. | ||
| 4. | WIFE | 1/8 | 1/8 | When there is a child
or child of a son. |
¼ when no child or child of a son. | |
| 5. | MOTHER | 1/6 | (a) When there is a child or child of a son. or
(a) When there are two or more brothers or sister, or even one brother and one sister, whether full consanguine or uterine |
1/3 when no child or child of a son. and not more than one brother or sister (if any); but if there is also a wife or husband and the father, then only 1/3 of what remains after deducting the wife’s or husband’s share. | ||
| 6. TRUE
GRANDMOTHER |
1/6 | 1/6 | (a)
(a) |
Maternal – when no mother, and no nearer true
grandmother either paternal or maternal. Paternal – when no mother, no father no nearer true grandmother either paternal or maternal, and immediate true |
||
| grandmother. | ||||
| 7. DAUGHTER | ½ | ½ | When no son | [With the son she becomes a residuary] |
| 8. SON’S
DAUGHTER h.l.s. [Sec.62 cl. (a)] |
½ | 2/3 | When no (1) son, (2) daughter, (3) higher son’s son (4) higher son’s daughter or (5) equal son’s son | When ‘there is only one daughter or higher son’s daughter but no(1) son, (2) higher son’s son, (3) equal son’s son, the daughter or higher son’s daughter will take ½ and the son’s daughter h.l.s. (whether one or more) will take 1/6 i.e. 2/3 – ½ ] [with an equal son’s son she becomes a residuary] |
|
When there is only one daughter the son’s son daughter (whether one or more) will take 1/6, if there be no son or son’s son. (With the son’s son she becomes a residuary) |
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|
e.g. (i)Son’s Daughter |
½ |
2/3 |
When no(1) son, (2) daughter; or (3) son’s son |
When there is only one daughter or the son’s daughter, the son’s son’s daughter (whether one or more) will take 1/6, if there be no (1) son, (2) son’s son, or son’s son’s son (With the son’s son’s son she becomes a residuary] |
|
(ii) Son’s son’s daughter |
½ |
2/3 |
When no(1) son, (2) daughter; or (3) son’s son, (4) son’s daughter, or (5) son’s son’s |
|
| 9. UTRINE BROTHER or
10. SISTER |
1/6 | 1/3 | When no(1) child, (2) child of a son h.l.s (3) father of
(4) True grandfather |
|
| 11. FULL
SISTER |
½ | 2/3 | When no(1) child, (2) child of a son h.l.s (3) father of
(4) True grandfather, or (5) full brother |
[With the full brother she becomes a residuary] |
| 12. CONSANGUINE SISTER | ½ | 2/3 | When no(1) child, (2) child of a son h.l.s (3) father of
(4) True grandfather, or (5) full brother, (6) full sister, or (7) consanguine brother |
But if there is only one full sister and she succeeds as a sharer, the consanguine sister (whether one or more) will take 1/6, provided she is not otherwise excluded from inheritance. [With the consanguine brother she becomes a residuary] |
- SHIA LAW OF INHERITANCE
Shia law classifies heirs into two main classes, namely, sabab or special clause, and Nasab or blood relationship which is further divided into heirs by legal relationship and heirs by marriage including husband and wife. Blood relationships are further divided into three classes, which includes parents, children and lineal descendants, grandparents, brothers and sisters and their descendants, paternal and maternal uncles and aunts.
In comparison to the Sunni Law of Inheritance, Shia law only recognizes Sharers and Residuaries. Under Shia law, only 9 sharers are recognized. The descendants of the sharers are also classified as sharers. Anyone who is not a sharer is then regarded as a residuary. The table below gives the distribution of assets between sharers.
| Heir | Share of | Entirely Excluded by | Affected by | How Affected | |
| Husband | 1/4 | – | None | When no lineal descendants | Share increased to 1/2 |
| Wife | 1/8 | 1/8 | None | When no lineal descendants | Share increased to 1/4 |
| Father | 1/6 | – | None | When no lineal descendants | Becomes a residuary |
| Mother | 1/6 | – | None | When no lineal descendants and not more than one full or consanguine brother, or one brother and one sister, or three such sisters | Share increased to 1/3 |
| Daughter | 1/2 | 2/3 | None | Son | Becomes a residuary |
| Full Sister | 1/2 | 2/3 | Parents or lineal descendants | Full brother or father’s father | Becomes a residuary with full sister, brother or father’s father |
| Consanguine Sister | 1/2 | 2/3 | Parents or lineal descendants or full brother or sister | Consanguine brother or father’s father | Becomes a residuary with full brothers or father’s father |
| Uterine Brother | 1/6 | 1/3 | Parents or lineal descendants | None | None |
| Uterine Sister | |||||
