Law4u - Made in India

Who are considered residuary heirs under Muslim law?

12-Feb-2025
Muslim Law

Answer By law4u team

Under Muslim law, residuary heirs (also known as Aṣbah heirs) are those heirs who inherit the remaining property after the specific shares of the fixed heirs (such as parents, spouses, children, etc.) have been allotted. These heirs are entitled to the remaining portion of the deceased's estate, which has not been specifically allocated to other heirs. Residuary heirs typically include: Male Agnates: Male relatives who are related to the deceased through male lineage are considered residuary heirs. Examples include: Father's side male relatives (like brothers, paternal uncles, etc.) Son (in the absence of direct descendants, such as daughters or grandchildren) Grandfather (if no closer male heirs are present) Male Lineal Descendants: If there are no fixed heirs, the property passes to male descendants of the deceased's family, such as: Son: The son of the deceased, if surviving, inherits as a residuary heir. Grandson: If the son is deceased, the grandson may inherit as a residuary heir, depending on the school of thought (Hanafi, Shafi’i, etc.). Paternal Uncles and Nephews: Paternal uncles (brothers of the father) can inherit as residuary heirs. Nephews (sons of the deceased's brothers) can inherit if no direct descendants or other fixed heirs are available. Other Male Relatives: In the absence of direct male lineal descendants (such as sons or grandsons) and other specific heirs, other male relatives from the father's side can inherit as residuary heirs. Key Points: Females are not considered residuary heirs in traditional Islamic inheritance law, although some schools (such as the Hanafi school) have made provisions where female heirs may inherit in the absence of male heirs. Residuary heirs typically inherit the portion of the estate that remains after the shares of the primary heirs (like the spouse, children, and parents) have been allotted. The distribution of the estate and the identification of residuary heirs can vary based on the specific school of Islamic jurisprudence (Hanafi, Shafi’i, Maliki, etc.) and any local or regional practices.

Muslim Law Verified Advocates

Get expert legal advice instantly.

Advocate Syeda Abu

Advocate Syeda Abu

Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery, Supreme Court, Wills Trusts

Get Advice
Advocate Faijan Khan

Advocate Faijan Khan

Banking & Finance, Cheque Bounce, Child Custody, Civil, Criminal, Divorce, Domestic Violence, Family, Muslim Law, Recovery

Get Advice
Advocate Adarsh Sunil Damodar

Advocate Adarsh Sunil Damodar

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Breach of Contract, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Patent, NCLT, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue, Banking & Finance, Arbitration, Bankruptcy & Insolvency, Corporate, Customs & Central Excise, International Law, Armed Forces Tribunal

Get Advice
Advocate Mantu Mahato

Advocate Mantu Mahato

Civil, Cheque Bounce, Consumer Court, Criminal, Domestic Violence, Cyber Crime, Divorce, Anticipatory Bail, Court Marriage, Muslim Law, Family, Breach of Contract

Get Advice
Advocate Mukhtar Waseem

Advocate Mukhtar Waseem

Insurance, Criminal, Cyber Crime, Divorce, Civil, Corporate, Consumer Court, Family, High Court, Domestic Violence, Labour & Service, Landlord & Tenant, Anticipatory Bail, Muslim Law, Cheque Bounce, Child Custody, Bankruptcy & Insolvency, Arbitration, Banking & Finance, Medical Negligence, RERA, Succession Certificate

Get Advice
Advocate Om Pratap Singh

Advocate Om Pratap Singh

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, International Law, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, NCLT, Property, R.T.I, Supreme Court, Tax, Trademark & Copyright

Get Advice
Advocate Mohit Kumar

Advocate Mohit Kumar

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue, Banking & Finance

Get Advice
Advocate Pruthvish Dharmasthala

Advocate Pruthvish Dharmasthala

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Motor Accident, Property, Muslim Law, R.T.I, Recovery, RERA, Succession Certificate, Wills Trusts

Get Advice
Advocate Mannan Ahmad Sheikh

Advocate Mannan Ahmad Sheikh

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Medical Negligence, Motor Accident, Muslim Law, Property

Get Advice
Advocate Ikram Hussain

Advocate Ikram Hussain

Cheque Bounce, Child Custody, Civil, Criminal, Divorce, Domestic Violence, Family, Labour & Service, Motor Accident, Muslim Law, Succession Certificate

Get Advice

Muslim Law Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.