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Old Friday, October 18, 2013
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Q: A Muslim male dies leaving behind a widow, a daughter an agnatic granddaughter and a father. Distribute the property of the deceased/ praepositus amongst the heirs. Explain the basis for the distribution of property to each and every heir.

Ans:
share for widow =1/8
share for daughter= 1/3
share for agnatic daughter(son's daughter)= 1/3
remain part of estate will be of father=1/6+ 1/24=5/24

total is 1/8+1/3+1/3+5/24=(3+8+8+5)= 24/24

rule for widow :
(i)if no descendent exist then share will be= 1/4
(ii) if descendents exist then share will be= 1/8
As the in the question descendants exist (daughter and agnatic daughter: son's daughter)
therefore share will be =1/8

Rule for father:
if descendants exist then share will be =1/6
(i)if no male descendant exists then share will be= 1/6 plus residue
residue= remainder after legal shares
(ii)if no entitled exist then share will be= residue

As no male descendant exist in the question therefore the father share will be 1/6 plus the residue
in this case will be = remainder after the share of son's daughter+share of widow + share of agnatic daughter and his share i.e 1-(1/8+1/3+1/3+1/6)=1-(3+8+8+4)/24=1-23/24 =1/24


Rule for daughter and agnatic daughter:
(i)if only one daughter exists (no male descendants) then share will be= 1/2
(ii)if more than one daughter exists (no male descendant) then share will be= 2/3
if daughter and son exists then son and daughter share will be= 2/3 and 1/3 respectively
As in the above question no son exists but son's daughter exist - son's daughter will share the same share as that of his father's sister so the share of daughter and son's daughter will be 1/3 and 1/3 respectively
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