Some important technical terms of muslim succession law

Propositus: The deceased owner of property is called the propositus. In India the presumption is that a Mohammedan is a Sunni.

Spes successionis: So long as a person is alive he has no heir. heirship is only to a deceased owner. while the owner is alive, the owner who would succeed to the property on his death is an heir apparent and his right is a chance of succession.

Child in womb: At the death of the propsitus the heir may be in the womb. in such a case if the child is born alive it can take the property. if it is born alive, though it may die even a few minutes thereafter, its share will be set apart and the share will go its heir.

Agnate: An agnate is a person related to the deceased wholly though males.

Cognates: A cognate is a person related to the deceased though one or more females.

Collaterals: Collaterals are those, who are descendants in the parallel lines, from a common ancestor or ancestress. They may be agnates or cognates.

Illegitimate child: An illegitimate child can inherit only through its mother. Under shia law, the illegitimate child does not succeed even to the mother.

Step children: If As mother becomes a widow and then remarries, ‘A” has no right of inheritance to the step father and vice versa.

True Grandfather : He is a male ancestor between whom and the deceased no female intervenes

False Grandfather: He is a male ancestor between whom and the deceased a female intervenes

True Grandmother : She is a female ancestor between whom and the deceased no false grandfather intervenes.

False Grandmother : She is a female ancestor between whom and the deceased, a false grandfather intervenes.

how high so ever

how low so ever

Heritable Property: The Property, which is the subject matter of the inheritance, should be owned by the propositus at the time of his death.

Homicide: Prophet said only these four words- there is no inheritance for a murderer. Quran in Sura 4 says that intentional murder is one of the great sins except where it was committed by mistake.

Under the Sunni Law, a person who caused the death of another, whether intentionally or by mistake, is debarred from succeeding to the property of that another.

Shia laaw excludes only if he killed intentionally.

Religion : A non- muslim cannot inherit from a muslim.

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