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 Rajendran K

Advocate Rajendran K

Anticipatory Bail, Arbitration, Cheque Bounce, Breach of Contract, Consumer Court, Civil, Corporate, Criminal, Cyber Crime, Domestic Violence, High Court, Labour & Service, Landlord & Tenant, Motor Accident, Medical Negligence, Muslim Law, Startup, R.T.I, Recovery, Supreme Court, Wills Trusts, Revenue

Get Advice
Advocate Prabhat Chaudhary

Advocate Prabhat Chaudhary

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

Get Advice
Advocate Arpan Kumar

Advocate Arpan Kumar

Cheque Bounce, Anticipatory Bail, Arbitration, Breach of Contract, Banking & Finance, Child Custody, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, High Court, NCLT, Property, Motor Accident, R.T.I, Labour & Service, Insurance, Supreme Court, Trademark & Copyright, Tax, Bankruptcy & Insolvency, Family, Landlord & Tenant, Medical Negligence, Muslim Law, Recovery, Succession Certificate, Wills Trusts

Get Advice
Advocate Mohd Suhail

Advocate Mohd Suhail

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Cheque Bounce, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Muslim Law, Property, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Ateek

Advocate Ateek

Anticipatory Bail, Cheque Bounce, Civil, Divorce, Family, Motor Accident, Muslim Law, Criminal, Revenue

Get Advice
Advocate Dr. S Ayyappanaik Nenavath- Ap High Court Central Govt Council

Advocate Dr. S Ayyappanaik Nenavath- Ap High Court Central Govt Council

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

Get Advice
Advocate Mohammad Rehan Iqbal

Advocate Mohammad Rehan Iqbal

Anticipatory Bail, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Motor Accident, Muslim Law, Property

Get Advice
Advocate Karthik Raja

Advocate Karthik Raja

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

Get Advice
Advocate Anoop Kumar Pandey

Advocate Anoop Kumar Pandey

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Criminal, Cyber Crime, GST, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Muslim Law, Property, Tax, Trademark & Copyright, Revenue

Get Advice
Advocate Rizwan Ahmad Poonawala

Advocate Rizwan Ahmad Poonawala

Arbitration, Banking & Finance, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, GST, Domestic Violence, Muslim Law, Property, Tax

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.