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Distribute the inheritance according to Hanafi law and Shia law: Father, Mother, Daughter and Brother.

Distribute the inheritance according to Hanafi law and Shia law: Father, Mother, Daughter and Brother.

 


Issue:


1. Whether Hanafi and shia law of inheritance are same? NO


Rule:


 Inheritance according to Hanafi Law and Shia Law.


Application:


This problem is related to the Inheritance under Hanafi law and Shia law. In Hanafi law 12 sharers. Among the sharers: 

Father

A father inherits 1/6th share with son or son's h.l.s.e. When there is no son or son's son h.l.s.e father becomes residuary.

Mother

A mother inherits 1/6th share when there is child or child of son h.l.s.e or more than one brother or more than one sister or one sister and a brother, otherwise she inherits 1/3rd.

Daughter

A daghter inherits 1/2, when there are two or more she inherits 2/3rd collectively when there is no son. With the son she becomes residuary.

Brother

A brother inherits 1/6th when the uterine brother not excluded by a child 1/3rd where there are two or more uterine brothers and 1/3rd when there are uterine brothers and uterine sisters.


In shia law 9 shares. Among the sharers:


Father

A father inherits 1/6th when there is no lineal descendant. If there is no lineal descendant father inherits are residuary.

Mother

A mother inherits 1/6th when there is a lineal descendant or when there are two or more brothers and sisters with father. Otherwise mother inherits 1/3rd share.

Daughter

A daughter inherits 1/2. 2/3rd if two or more when no son. With the son she takes as residuary.

Brother

A brother inherits 1/6th, when two or more collectively 1/3rd. When no parents or lineal descendants.


Conclusion:


In the instant problem, the father, mother, daughter and brother inherits the property as per the Rules of Hanifa Law and Shia Law mentioned above.

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