Querist :
Anonymous
(Querist) 14 November 2011
This query is : Resolved
what is role of residuary in muslim inheritance.how does it effect others share.
adv. rajeev ( rajoo )
(Expert) 14 November 2011
If after alloting shares to the shares if any residue left, it may devlove upon heirs as residuaries.
Sankaranarayanan
(Expert) 14 November 2011
inheritance Muslim Law In India
The Muslim law of succession has been derived from the rules found in the Quran. There belonged to property of deceased, four successive duties to be performed by the Qazi:.
His funeral ceremony and burial without superfluity of expense yet without deficiency. The discharge of his just debts from the whole of his remaining effects The payment of his legacies out of a third of what remains after his debts are paid. The distribution of the residue amongst his successors
As regards the administration of the estate of a deceased person, the Muslim Law has been superseded in India by the Indian Succession Act, 1925, and such administration is carried out by the executors or administrators under the provisions of the Act.
It is to noted that the provisions of the Indian Succession Act prevail so far the claim to the property is concerned even if they come in conflict with the Mohammedan Law.
prabhakar singh
(Expert) 14 November 2011
In india secularism is recognized under our constitution and there is no uniform code.
In relation to personal law Muslims are governed by only there quran law and none other be it gift,inheritence,marriage or guardianship.
In answer to your question I am to state you: That sharers are fixed in Quran and it is there presence or non presence that effect the RESIDUE LEFT.I SEE YOU ABSOLUTELY CONFUSED ON CONCEPT. TO DEAL THE SUBJECT ONE WILL HAVE TO WRITE A BOOK,HENCE I REFER YOU TO GO WITH A TEXT LIKE THAT OF MULLA TO CLEAR THE CONCEPT.
HERE YOU ARE INVITED TO VISIT ONLY FOR A REAL LIFE PROBLEM ALONE.
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