INHERITANCE
What is inheritance?It is the mode of transfer of property and/or the involuntary devolution of property by which the estate of deceased person is transferred to his heirs as his successors after his death.
All property, move able and immovable, ancestral and self-acquired, belonging to the the deceased may be inherited by the heirs, provided the same is free from all encumbrances. Therefore it is necessary that funeral expenses, debts (which includes dower debt i-e. Dower payable to the widow of the deceased) and the will, if any, are at the first instance satisfied before the heritable property is divided among the legal heirs of the deceased.
When can property be inherited?
• Right of inheritance is created only on the death of certain person; hence the right of the heirs comes into existence at the exact time of such death, and till then they are not entitled to any interest in the property to which they would succeed as heirs.
• In such a case, succession certificate or a latter of administration, as the case may be, is a must, which is to be issued to the legal heirs from the competent court of law. All the legal heirs would have to apply through a petition to be moved on their behalf.
• Letter of administration is required in case of immovable property and succession certificate in case of move able property.
• In case of any minor legal heir his or her share is to be deposited with the Nazir of the relevant court till such time when the minor attains majority or adulthood where after he can make an application to the Court for the withdrawal of his share.
• A child in the womb of the mother at the time of father’s death inherits and a share has to be reserved for him to which he would be entitled.
Classes of heir: Shia LawsThere are two classes of heirs, namely:
1. Shares: who are entitled to a prescribed share of the inheritance;
2. Residuary: who take no prescribed share, but succeed to the “residue” after the claims of the shares are satisfied
Who may not be legal heirs?
• Step children/step parents.
• Adopted children
• Illegitimate children
• Divorced spouses
A wife divorced by a dying husband inherits if he dies before the expiration of iddat period.
Under Shia Law, a childless widow has no share in her husband’s immoveable property but she has share in his moveable property.
