Shia law of Inheritance (Please refer to the tables that I have sent also).

Doctrine of Return (Radd)- Exceptions under the Shia law

1. Husband and Wife: In the presence of any other heir, does not come back to the spouse.
If there is no other heir, then it comes back to the husband, earlier in case of wife being
the only heir, the rest would go to the government but now it has been held that the wife
will get it as return too. In case of other sharers including the spouse being one of them,
the other sharers will benefit out of the radd and not the spouse.
2. Mother: If the deceased has left a mother, a father, and one daughter and also-
a. Two or more full or consaguine brothers; or
b. One such brother and two such sisters;or
c. Four such sisters,

The brothers and sisters though themselves excluded from inheritance as being heirs of
the second class, prevent the mother from participating in the Return.

3. Uterine brothers and sisters when excluded from Return: in the presence of full sisters.

Doctrine of Return: The Sunni doctrine of radd is recognized in the Shia law, if the sum total of
the shares exceed unity, the fraction of the excess is deducted from the share of-

a. The daughter or daughters;

b. Full or consaguine sister or sisters,

Division of heirs: The Shias divide heirs into two groups, namely, (1) heirs by consanguinity,
that is blood relations and, (2) heirs by marriage that is husband and wife.

Three classes of heirs by consanguinity-

I. (i) Parents;
(ii) Children and other lineal descendants h.l.s
II. (i) Grandparents h.h.s (true as well as false);
(ii) brothers and sisters and their descendants h.l.s
III. (i)Paternal and (ii) maternal, uncles and aunts of the deceased, and of his parents and
grandparents h.h.s and their descendants h.l.s.

The first excludes the other, the second excludes the third, but the heirs of the two sections of
each class succeed together, the nearer excluding the remoter.

The spouse succeeds to the property in addition to these classes of heirs.

Rule of representation applies in Shia law.

A dies leaving two grandsons GS1 and GS2 by a predeceased son A and a grandson GS3 by
another predeceased son B. In Shia law by representation, in Sunni law 1/3 rd each.

Descendants of a person who if living would have taken as a sharer, succeeds as sharers and the
descendants of a residuary will take as a residuary.

Q-

Q- A shia dies leaving a grandson GS1 and GD1 by a predeceased son A, a granddaughter GD2
by another predeceased son B, a grandson GS2 and a granddaughter GD3 by a predeceased.

Rules of Succession among the heirs of the second class-

Grandparents without brothers or sisters or their descendants-

a. Paternal Grandparents take 2/3rds and divide it amongst themselves according to the
male female rule and the maternal grandparents take 1/3rd and divide it equally between
them.
b. If there is only one grandparent on one side, he will take the entire share allotted.

Brothers and sisters, without any ancestor-

a. Brothers and sisters of the full blood exclude the consanguine brothers and sisters.
b. Uterine brothers and sisters are not excluded by brothers or sisters either full or
consanguine, but they inherit with them, their share being 1/3rd or 1/6th depending on
their number.
c. Full brothers and consanguine brothers take as residuaries.