The Muslim Personal(shariat) Application Act, 1937 will be applicable for the laws of succession governing Muslims intestate or non-testamentary disposition of properties.
For the purpose of inheritance Muslim law does not make any distinction between corpus and usufruct or movable and immovable or corporeal or incorporeal property.
Whenever a Muslim dies his properties devolve on his heirs in definite shares of which each heir becomes a absolute owner of his share. Subsequently upon the death of the shareholder his legal heirs get the shares and so on.
Under Muslim law of inheritance no distinction is made between self acquired property or ancestral property. All properties whether acquired by a Muslim himself or inherited by his ancestors are regarded as individual properties and may be inherited by his legal heirs.
Muslim law of inheritance does not recognise the concept of right by birth in the property.
Allah commands you regarding your children. For the male a share equivalent to that of two females. [Quran 4:11]
This first principle which the Quran lays down refers to males and females of equal degree and class. This means that a son inherits a share equivalent to that of two daughters, a full (germane) brother inherits twice as much as a full sister, a son’s son inherits twice as much as a son’s daughter and so on.
If there are any sons the share of the daughter(s) is no longer fixed because the share of the daughter is determined by the principle that a son inherits twice as much as a daughter. In the absence of any daughters this rule is applicable to agnatic granddaughters (son's daughters). The agnatic granddaughter has been made a Quranic heir (sharer) by Muslim jurists by analogy.
Inheritance is an important branch of the family law of the Muslims. The death of a person brings about a transfer of most of his rights to persons who are called his heirs and representatives. The transferable rights include all rights to property, usufruct, many dependant rights, such as debts and [unrecognisable word] in action, rights to compensation, etc., and the transmissible obligations are those capable of being satisfied out of the estate of the deceased. What is left after the payment of funeral expenses and the discharge of his debts and obligations is to be distributed according to the law of inheritance.
The rules regulating inheritance are based on the principle that the deceased's property should devolve on those who by reason of consanguinity or affinity have the strongest claim to be benefitted by it and in proportion to the strength of such claim. According to the Sunni law, the expectant right of an heir-apparent cannot pass by succession to his heir, nor can it pass by bequest to a legatee under his Will, nor can it be the subject of transfer of release.
The Sunni law recognises three classes of heirs:
(1) Ashabul faraiz --The sharers whose shares or proportions have been fixed in the Quran. They take their specific portions and the residue is then divided among the Agnates.
(2) The Asabah or Agnates, also called by English writers as Residuaries.
(3) Dhauil-arham or Cognates or Uterine Relations. They are also called Distant kindred i.e. relations who do not fall in the category of sharers or Agnates.