Under Shia Muslim law, property is divided among heirs based on the rules outlined in Islamic inheritance law, which is primarily governed by the principles laid out in the Quran and interpreted by Islamic scholars. Here’s a general overview of how property is divided: Fixed Shares: In Shia Muslim law, the estate of the deceased is divided into fixed shares, with certain heirs entitled to a specific portion of the property. The key heirs and their shares are as follows: Husband: If the deceased is a woman, the husband receives one-fourth of the property if the deceased has children, or one-half if there are no children. Wife: If the deceased is a man, the wife receives one-eighth of the estate if there are children, or one-fourth if there are no children. Children: The children of the deceased (sons and daughters) inherit the majority of the estate. Sons typically receive double the share of daughters. Father and Mother: If the deceased has no children, the father and mother are entitled to inherit the property. The father typically receives one-sixth, and the mother one-sixth if there are no children. Siblings: If there are no children, the deceased's siblings (brothers and sisters) may inherit the property, with brothers typically receiving twice the share of sisters. Other Heirs: In the absence of immediate family members like children, spouses, or parents, the estate may be inherited by more distant relatives like grandparents, uncles, aunts, etc., but this depends on the specific circumstances and the available heirs. Executor: An executor (known as a wasi) is often appointed to manage the deceased's estate and ensure the proper division of property as per Shia Islamic law. The division is typically done by calculating the shares, which are considered fixed percentages of the total estate. The presence of debts or other financial obligations might also affect the division, as debts are settled before the distribution among heirs. This is a simplified overview, and in practice, the specific distribution might vary depending on the family situation and interpretation of Shia law by local scholars.

Dear client, In India, inheritance for Muslim persons including shia Muslims is governed under the Muslim personal law (Shariat) application act, 1937 and it will be dealt with along with the principles of Islamic jurisprudence. There is a significant difference between shia inheritance laws and Sunni law, especially in the terms of the exclusion of remote heirs when immediate heirs exist. Key principles of inheritance under shia law Islamic inheritance law is Mandatory A Muslim individual cannot make a will for more than one third of their estate unless heirs consent. The remaining two thirds must be distributed and divided among legal heirs as per Islamic law. Division of heirs into three classes In shia inheritance law, heirs are categorized into three groups and an individual belonging to a lower group inherits only if no heirs exist in the above higher groups. First category (close relative heirs – Tabaqa 1) Children inclusive of sons and daughters Parents Grandchildren in case if their father is deceased Second category (if no heirs exist in the first category – Tabaqa 2) Grandparents inclusive of both paternal and maternal Full blood and half blood siblings Third category (if no heirs exist in the first two categories – Tabaqa 3) Both Paternal and maternal uncles and aunts Cousins Distribution of Property among the heirs Distribution between sons and daughters The son only receives twice the share of the daughter under shia law Distribution between spouses The widow gets one fourth of the husband ‘s estate if they had no children and one eight of the shares in case they had children. The widower gets half of the wife’s estate if there are no children and one fourth of the share in case they had children. Parents share In case of the deceased children, each of the parents gets one sixth of the share. In case there are no children, the mother gets only one third of the share, and the father receives the rest of the share. Doctrine of return (Radd) and exclusion (Hajb) In case of the wife and husband being the only heir, excess property returns to the surviving spouse. Remote relatives cannot inherit if immediate heirs exist. I hope this answer helps, in case of future queries please feel free to contact us. Thank you