Law:

Section:

(a) Islamic Law--- ----Inheritance---Hanafi Law---Categories of heirs stated. Heirs, according to Hanfi Law, are mainly sharers, residuaries and distant kindred. Sharers are those heirs whose shares are specified in Holy Qur'an, expounded by the Holy Prophet (peace be upon him) and Ijma-ul-Ummat. They are also called Zavil Furuz or Dhawai-al-Furud. Sharers are twelve in number; (1) father, (2) true grandfather, (3) husband (4) wife or wives, (5) mother, (6) true grandmother or true grandmothers, (7) daughter or , daughters (8) son's daughter or son's daughters, (9) uterine brother or uterine brothers (10) uterine sister or uterine sisters, (11) full sister or full sisters, and (12) consanguine sister or consanguine sisters. After having satisfied claims of funeral expenses, debts of the deceased and will, if any, sharers will first get their prescribed shares arid the residue will be distributed amongst residuaries. As regards shares, there is not much difference between Sunnis and Shias. After sharers, residuaries get the residue; they may be one or many. The nearer in degree excludes the more remote. According to classical Hanafi Jurists, following is the order of inheritance; (i) Sharers; (ii) Residuaries; (iii) Return to sharers by blood if there is no residuary; (iv) Distant kindred; (v) Person in whose favour paternity has been acknowledged by deceased; (vi) Legatee for the whole of property; (vii) Bait-ul-Maal. (b) Islamic Law--- ----Inheritance---Hanafi Law and Shia Law---Deceased leaving behind his real son and step brother---Entitlement of step brother in inheritance of deceased brother---Scope---Step brother of deceased in both sects in presence of real son of deceased would not be entitled to any share in property of deceased. (c) Succession Act (XXXIX of 1925)--- ----S. 218---Civil Procedure Code (V of 1908), S.11---Probate Courts, decisions of---Rule of res judicata would apply to such decisions. AIR 1956 Nag. 209 rel. (d) Islamic Law--- ----Paternity--Proof---Dispute over custody of minor son pending between spouses during their lifetime---Compromise between spouses signed before Appellate Court showing living of minor son with deceased…

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