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 Joe J Uruvath

Advocate Joe J Uruvath

Anticipatory Bail, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, Recovery, RERA, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Mr.pranaya Swain

Advocate Mr.pranaya Swain

Anticipatory Bail, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Medical Negligence, Muslim Law, R.T.I

Get Advice
Advocate Dilwar Hussain Choudhury

Advocate Dilwar Hussain Choudhury

Anticipatory Bail, Breach of Contract, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery, Supreme Court, Wills Trusts, Consumer Court, GST

Get Advice
Advocate Ashutosh Shukla

Advocate Ashutosh Shukla

Criminal, Civil, Cheque Bounce, Court Marriage, Domestic Violence, Divorce, Family, Motor Accident, Muslim Law, Succession Certificate, Startup, Property, Recovery, Anticipatory Bail

Get Advice
Advocate Mohmmad Vasil Siddiqui

Advocate Mohmmad Vasil Siddiqui

Anticipatory Bail, Civil, Court Marriage, Criminal, Muslim Law, Revenue, Divorce

Get Advice
Advocate Chandra Mohan Jha

Advocate Chandra Mohan Jha

Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Family, High Court, Labour & Service, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Mohanjeet Singh

Advocate Mohanjeet Singh

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Wills Trusts

Get Advice
Advocate Jatin Sodhi

Advocate Jatin Sodhi

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

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 Anita Yadav

Advocate Anita Yadav

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Documentation, Domestic Violence, Family, Labour & Service, Muslim Law, Property, Recovery, Succession Certificate, Revenue

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.