Muslim Inheritance — Concept and Principles

Ilm-ul-Faraid | Quranic Foundation | Anti-Testamentary Nature | Sources | General Rules

AT A GLANCE

Muslim inheritance law — technically known as 'ilm-ul-faraid' or 'ilm-ul-mirath' — is a sophisticated, mathematically precise system grounded primarily in the Quran itself. The Quran specifies FIXED SHARES for specified heirs (Sharers) with mathematical precision, leaves the residue to a secondary class (Residuaries), and creates a third contingent class (Distant Kindred). This tripartite structure is unique among personal law systems and reflects the view that inheritance is not merely a family matter but a divinely ordained distributive scheme.

KEY DOCTRINAL FEATURES: (i) ANTI-TESTAMENTARY — testamentary disposal is LIMITED to 1/3 of the net estate; the remaining 2/3 MUST devolve by intestate rules even if the testator attempts otherwise. (ii) NO JOINT FAMILY PROPERTY — unlike Hindu law, Muslim law recognises no coparcenary or joint family; each person's property is his / her own. (iii) NO ANCESTRAL / SELF-ACQUIRED DISTINCTION — all property is treated uniformly for inheritance purposes. (iv) ALL PROPERTY DISTRIBUTABLE — there is no exempt 'coparcenary' category. (v) BIRTHRIGHT NOT RECOGNISED — heirs have no inchoate right in ancestor's property; rights crystallise only on death.

SOURCES: the Quran (primary — Sura Nisa 4:11-12, 4:176 are the inheritance verses); Sunnah (Prophetic rulings supplementing Quranic rules); Ijma (scholarly consensus); Qiyas (analogical reasoning). APPLICABILITY IN INDIA: Muslim personal law of inheritance applies to Muslims by virtue of Muslim Personal Law (Shariat) Application Act, 1937. The Indian Succession Act, 1925 does NOT apply to Muslims (except in rare historical exceptions).

1. Sources of Muslim Inheritance Law

A. The Quran — Primary Source

The Quran is the FOUNDATIONAL source. Three key verses govern Muslim inheritance:

THE INHERITANCE VERSES

Nisa 4:11 — "Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one's estate. And if there is only one, for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children..."

Nisa 4:12 — "And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they may have made or debt..." (Details husband-wife, parent-children shares.)

Nisa 4:176 — "They request from you a [legal] ruling. Say, 'Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs].' If a man dies, leaving no child but [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child..." (Kalalah — collateral inheritance.)

These three verses (plus fragments from other chapters) establish the Quranic SHARES that form the rigid skeleton of Muslim inheritance. The mathematical precision — specific fractions like 1/2, 1/3, 1/4, 1/6, 1/8, 2/3 — is a distinctive feature.

B. Sunnah — The Prophetic Tradition

The Prophet's sayings and rulings (Sunnah) supplement the Quranic rules. Key Prophetic contributions:

Establishment of the RESIDUARY (asabah) class — persons who inherit what remains after Quranic shares are satisfied.
Specific rulings on cases not expressly covered by the Quran.
The famous hadith: 'Give the faraid (Quranic shares) to those entitled; what remains goes to the nearest male in agnatic relation (asabah).'
Rules for the DOCTRINE OF INCREASE (aul) where shares exceed unity.
Rules for the DOCTRINE OF RETURN (radd) where shares fall short of unity.

C. Ijma — Scholarly Consensus

Where Quran and Sunnah are silent, the consensus of early Muslim scholars (especially the Companions and the Successors) has authority. Ijma has developed many detailed rules — e.g., the specific treatment of the true grandfather, true grandmother, consanguine and uterine siblings.

D. Qiyas — Analogical Reasoning

Extension of established rules to new cases by analogy. Sunni schools accept qiyas more readily than Shia. Hanafi, Shafi, Maliki, Hanbali schools have developed detailed qiyas-based rulings for complex inheritance scenarios.

E. Shia Sources

Shia Ithna Ashari scholarship relies on the Quran and Sunnah but ALSO accepts the rulings of the Imams (the twelve successors of the Prophet in Shia belief). This has produced significant doctrinal divergence from Sunni inheritance law — notably, Shia law rejects the concept of 'distant kindred' as a separate class, and its spouse-inheritance rules differ.

2. Applicability in India

A. Muslim Personal Law (Shariat) Application Act, 1937

Section 2 of the Shariat Act 1937 — inheritance is governed by Muslim personal law where the parties are Muslims. This is the statutory foundation for applying Quranic / classical inheritance rules in Indian courts.

B. Indian Succession Act, 1925 — Generally Inapplicable

The Indian Succession Act, 1925 — which applies to Christians, Parsis, and intestate successions among non-Hindus generally — does NOT apply to Muslims. Section 58 of the ISA expressly excludes Muslims from Part V (testate succession under the ISA). Muslim testate (will) and intestate (succession) matters are governed by Muslim personal law.

NARROW EXCEPTION: Muslims in Cochin and Travancore areas who converted from pre-existing Christian / Hindu traditions; and in some specific cases where the intestate was not legally a 'Muslim' at time of death. Negligible practical significance.

C. Cutchi Memon and Khoja Exceptions

Historically, some Muslim communities in India (Cutchi Memons, Khojas, and certain Bohras) followed Hindu-based customs in inheritance. The Shariat Act 1937 Section 3 allowed individuals or communities to declare whether Muslim or customary law would apply. Today, Muslim personal law is generally applied, but historical records may reveal departures.

D. Tenancy Rights and State Laws

Inheritance of tenancy rights (e.g., under Rent Control Acts, agricultural tenancy laws) is governed by SPECIFIC STATE LAWS and not by Muslim personal law. Thus, a Muslim tenant's succession to tenancy may follow state-specific rules rather than Quranic shares.

3. General Principles of Muslim Inheritance

A. Death is the Triggering Event

Inheritance arises ONLY on DEATH. No person has a birthright, inchoate interest, or coparcenary stake in a living person's property. Until death, the property-owner has FULL disposal rights (subject to applicable law — e.g., Hiba, sale, gift).

B. No Joint Family Property

Unlike Hindu law (which recognised joint family / coparcenary property under Mitakshara and Dayabhaga systems), Muslim law has NO concept of joint family property. Every Muslim individual owns his / her own property. Married couples do not automatically share property. Property acquired during marriage belongs to the acquirer unless specifically gifted or jointly titled.

C. No Ancestral / Self-Acquired Distinction

All property of a Muslim — whether inherited from ancestors or acquired in his / her own right — is treated UNIFORMLY for inheritance purposes. There is no 'ancestral property' concept with special rules. The deceased's ENTIRE PROPERTY is the inheritance pool.

D. Anti-Testamentary Nature

Testamentary freedom is STRICTLY LIMITED:

A Muslim may bequeath by will (wasiyat) ONLY UP TO 1/3 of the net estate.
The remaining 2/3 MUST devolve by intestate rules — cannot be bequeathed.
A bequest EXCEEDING 1/3 is VALID ONLY IF heirs consent (Hanafi — all heirs consent; Shia — per heir consent).
A bequest to an HEIR is VOID unless other heirs consent (this prevents preferential bequests to one heir).

This anti-testamentary principle is one of the most distinctive features of Muslim inheritance. It ensures the Quranic distributive scheme is substantially realised.

E. All Property Distributable

The ENTIRE ESTATE (minus debts, funeral expenses, and valid bequest up to 1/3) is distributable to heirs. There is no exempt category akin to Hindu 'stridhan' (though women do own stridhan-equivalent property, which becomes inheritable on their death).

F. Each Heir's Share is a Definite Quantum

Muslim inheritance produces MATHEMATICALLY DEFINITE SHARES for each heir — not merely a 'place in line'. Sharers get fixed Quranic fractions; Residuaries get a determinable fraction of the remainder; Distant Kindred get fractions where they inherit.

G. Simultaneous Inheritance

If an heir is LIVING at the moment of the deceased's death — even for a brief moment — that heir inherits. If the heir predeceased the deceased (even by moments), no inheritance accrues. No 'chain' of inheritance through a predeceased person; compare with Hindu representation / per stirpes rules.

4. The Order of Application — Estate Distribution

On a Muslim's death, the estate is distributed in this order:

Funeral expenses — reasonable funeral and burial costs are deducted first.
Debts — all debts of the deceased (including unpaid dower to wife, unpaid taxes, outstanding loans) are paid.
Valid bequests — legacies by will (wasiyat), up to 1/3 of the net estate after deducting funeral expenses and debts.
Intestate distribution — the REMAINING 2/3 (or more if no valid bequest) is distributed among heirs per Muslim personal law rules — Sharers first, Residuaries next, Distant Kindred only if no one from the first two classes.

This order is STRICT. The intestate rules apply ONLY to the residue after prior obligations (funeral, debts, valid bequests) are met.

5. The Three Classes of Heirs

Muslim inheritance recognises three classes of heirs, ordered by priority:

A. Sharers (Dhawil-Furud)

'Those entitled to fixed shares'. Specified heirs — generally 12 in number (classical Hanafi count) — who receive FIXED QURANIC FRACTIONS of the estate. Include: husband, wife, father, mother, daughter, son's daughter, true grandfather, true grandmother, full sister, consanguine sister, uterine brother, uterine sister.

Sharers are the first class. They receive their Quranic shares FIRST, before Residuaries or Distant Kindred take anything.

B. Residuaries (Asabah)

'Those entitled to the residue'. Male agnatic relatives (and in some cases, certain female relatives standing in their position) who receive WHAT REMAINS after Sharers' shares are paid. Include: son (primary residuary), father (as residuary when children exist he's also a Sharer), grandfather, brother, paternal uncle, and their male descendants.

Residuaries inherit ONLY AFTER Sharers. The RESIDUE (remainder of estate) is their inheritance pool. They have no fixed share — their share equals what is left.

C. Distant Kindred (Dhawil-Arham)

'The distant relatives'. Blood relatives who are neither Sharers nor Residuaries — primarily, female-line / mixed descendants, distant female relatives. Include: daughter's children, daughter's descendants, mother's parents, paternal aunts, maternal uncles/aunts, and their descendants.

Distant Kindred inherit ONLY IN DEFAULT of Sharers AND Residuaries. They are a last-resort class, ensuring the estate does not escheat (revert to the state) when some blood relatives exist.

D. Shia Differs — No Distant Kindred

Shia Ithna Ashari law REJECTS the three-class structure. Shia recognises only TWO CLASSES: Sharers and Residuaries (with different rules). The 'distant kindred' concept is absent — some female-line relatives who would be 'distant kindred' in Sunni law are treated as Sharers or Residuaries in Shia law. This produces significant practical divergence — particularly in cases where daughters or their descendants exist without sons.

6. The 2:1 Rule (Male-Female Inheritance)

A. The Quranic Rule

Quran Nisa 4:11 — 'for the male, what is equal to the share of two females' (regarding children inheriting from parents). This 2:1 ratio applies where male and female children inherit TOGETHER. It is a prominent feature of Sunni Muslim inheritance and produces much academic discussion.

B. Scope of Application

The 2:1 rule operates in SPECIFIC CONTEXTS:

Between a son and a daughter inheriting from their parents.
Between a brother and a sister (both full or both consanguine) where they inherit together.
Between similar male and female agnatic relatives at the same level.

C. NOT Universal

The 2:1 rule is NOT universal. There are notable contexts where male and female heirs inherit EQUALLY or where the female's share is FIXED independently:

Mother and father both inherit 1/6 when deceased has children (Nisa 4:11).
Uterine siblings inherit EQUALLY (1/6 each or shared 1/3) — no 2:1.
Husband's and wife's shares are independently fixed (husband 1/2 or 1/4; wife 1/4 or 1/8) — not proportionally halved.

D. Policy Rationale (Classical)

Classical scholars offered several rationales:

Male's greater financial obligations under classical law — must support wife, children, parents; no equivalent statutory obligation on female.
Female inherits her husband's wealth + share from her own family — dual inheritance.
Female's dower (mahr) provides additional settlement at marriage.
Custodial and protective role of male relatives.

Modern debate: whether this rationale remains applicable given contemporary family structures. Various Muslim-majority jurisdictions have experimented with reform; Indian Muslim inheritance remains classical.

7. Disqualifications from Inheritance

Certain conditions DISQUALIFY a person from inheriting from the deceased:

A. Homicide

A person who KILLS the deceased — intentionally — is DISQUALIFIED from inheriting from that deceased. This is universal across Sunni and Shia schools. The Prophet's hadith — 'There is no inheritance for the killer' — establishes this rule unambiguously.

Some schools differentiate between intentional and accidental killing. Hanafi: even accidental killing disqualifies. Shafi: only intentional killing disqualifies. Maliki and Hanbali positions vary.

B. Difference of Religion

A non-Muslim CANNOT inherit from a Muslim (classical rule). This rule is controversial in modern India — various courts and legislation have modified its operation. The Caste Disabilities Removal Act, 1850 provides that a person does not lose inheritance rights merely by change of religion, but classical Muslim law's 'difference of religion' rule conflicts with this in some cases.

In modern Indian practice, courts generally give effect to the Caste Disabilities Removal Act — a Muslim converting to another religion does not automatically lose rights to inherit from Muslim relatives, and vice versa. But this remains contested in some specific contexts.

C. Slavery

Classical rule: a slave cannot inherit. Practically irrelevant in modern India — slavery is abolished.

D. Illegitimacy

Classical Sunni rule: an illegitimate child (walad al-zina) cannot inherit from the father (since paternity is not established) but can inherit from the mother. Shia Ithna Ashari takes a similar but nuanced approach.

Modern Indian position: Section 125 CrPC recognises maintenance rights of illegitimate children; the classical inheritance rule in this context may remain but is tempered by welfare and constitutional considerations.

E. Predeceased Heir

Classical rule: representation is NOT RECOGNISED. A predeceased heir's descendants do not step into his / her place to inherit the share. The share goes to the other available heirs.

Critical divergence: Shia Ithna Ashari law DOES recognise representation (per stirpes) in certain contexts, whereas Sunni law does NOT.

8. Muslim Inheritance — Distinctive Features

A. Distinctive Feature 1 — Mathematical Precision

Unlike many other personal-law systems where 'next of kin' or 'line of descent' are flexible, Muslim inheritance specifies PRECISE FRACTIONS — 1/2, 1/3, 1/4, 1/6, 1/8, 2/3. Calculation of shares is a mathematical exercise, with specific algorithms for adjusting shares when they exceed unity (aul) or fall short (radd).

B. Distinctive Feature 2 — Tripartite Class Structure

Sharers → Residuaries → Distant Kindred (Sunni). This three-tier structure — unique among personal-law systems — ensures that the Quranic shares are satisfied first, the agnatic male line is preserved through Residuaries, and blood relatives on any line are ultimately covered through Distant Kindred.

C. Distinctive Feature 3 — Anti-Testamentary Stance

The 1/3 bequest limit is unique. Most personal-law systems permit complete testamentary disposition. Muslim law's strict limit ensures heirs have substantial guaranteed shares — a protective feature especially for daughters, siblings, and other Quranic heirs.

D. Distinctive Feature 4 — Strong Agnatic Preference

Classical Muslim law exhibits strong agnatic (father-line) preference. Residuaries are principally male agnates. This reflects classical family / tribal structure. Modern reforms have sought partial softening of this preference.

E. Distinctive Feature 5 — Sunni-Shia Divergence

Muslim inheritance is a major zone of Sunni-Shia doctrinal difference. Shia inheritance rules differ substantially from Sunni in spouse shares, collateral inheritance, treatment of daughters, recognition of representation, and rejection of the distant-kindred class. This doctrinal complexity adds practical importance to identifying the parties' sectarian affiliation.

F. Distinctive Feature 6 — Aul and Radd Doctrines

Special mathematical doctrines:

Aul (increase) — when total shares exceed unity (> 1), each share is proportionately reduced.
Radd (return) — when total shares are less than unity (< 1), the surplus returns proportionally to Sharers (in most schools, excluding the spouse in Sunni; including the spouse in Shia).

9. Comparison — Muslim Inheritance vs Hindu / Christian

Feature	Muslim	Hindu (HSA 1956)	Christian (ISA 1925)
Joint family property	None	Coparcenary (Mitakshara)	None
Ancestral / self-acquired distinction	None — uniform	Significant (pre-2005); partially retained	None
Birthright in ancestor's property	None	Son & daughter by birth (post-2005)	None
Testamentary freedom	Limited to 1/3	Generally unlimited	Generally unlimited
Bequest to heir	Void without consent	Permitted	Permitted
Fixed shares at death	Yes — Quranic	Equal among Class I	Specific distribution scheme
Female heirs equal?	2:1 male-female (Sunni); varies	Post-2005: daughter = son	Generally equal
Spouse's share	Husband 1/2 or 1/4; Wife 1/4 or 1/8	Equal to sons in Class I	Fixed shares
Representation	Not recognised (Sunni); partial (Shia)	Recognised	Recognised
Escheat	Rare — Distant Kindred ensures coverage	Possible	Possible

10. Illustrative Simple Example

Example: Deceased Muslim Man (Sunni) Leaves Wife, Mother, Father, and Two Sons and One Daughter

Estate of deceased = Rs. 12,00,000 (after funeral, debts, no bequest).

Heirs and shares:

Wife — 1/8 (because children exist) = Rs. 1,50,000.
Mother — 1/6 (because children exist) = Rs. 2,00,000.
Father — 1/6 (because children exist; also takes residue as Residuary if any — here no residue) = Rs. 2,00,000.
Children's total — residue = Rs. 6,50,000.
Division 2:1 among children (sons 2, daughters 1) — 5 shares total; son gets 2/5, daughter 1/5.
Each son — (Rs. 6,50,000 × 2) / 5 = Rs. 2,60,000.
Daughter — Rs. 6,50,000 / 5 = Rs. 1,30,000.

Total distributed: Rs. 1,50,000 + Rs. 2,00,000 + Rs. 2,00,000 + Rs. 2,60,000 + Rs. 2,60,000 + Rs. 1,30,000 = Rs. 12,00,000. ✓

11. Practical and Procedural Aspects

A. Application to Courts

Inheritance disputes arise in CIVIL COURTS (District / Family Court) — not criminal or magistrate courts. Muslim personal law applies by virtue of Shariat Act 1937.

B. Partition Suits

Where heirs dispute shares, a partition suit is filed. The court determines shares based on Muslim personal law, calculates individual amounts, and passes a preliminary + final decree.

C. Succession Certificates

For movable property (bank deposits, shares, insurance), a succession certificate under the Indian Succession Act may be required — even for Muslims. This is procedural; substantive distribution follows Muslim personal law.

D. Mutation of Property

Land records / mutations are updated based on the Muslim-law shares. Revenue officials record heirs' shares per Quranic / classical rules.

E. Role of Documentation

Modern practice emphasises:

Family tree / pedigree chart.
Relationship certificates (from revenue authorities, religious leaders).
Death certificates.
Property documentation.
Will (if any) — subject to 1/3 limit.

XII. Leading Cases on General Principles

1. Abdul Raheem v. Land Acquisition Officer, (1989) 1 SCC 114

2. Ata Mohammed v. Saiqa Ban, AIR 1910 Lah 58

3. Abdul Majid v. Zahirul Islam (Patna HC)

4. Sheik Dawood v. Moonisa Bibi, AIR 1941 Mad 82

5. Hasan Askari v. Amir Khan (Allahabad HC)

XIII. Exam Corner

RAPID-FIRE FACTS

Muslim inheritance = Ilm-ul-Faraid or Ilm-ul-Mirath.

PRIMARY source — Quran, especially Nisa 4:11, 4:12, 4:176.

Supplementary — Sunnah, Ijma, Qiyas.

Applicable in India via Muslim Personal Law (Shariat) Application Act, 1937.

Indian Succession Act 1925 does NOT apply to Muslims (Section 58 excludes).

THREE CLASSES of heirs (Sunni) — Sharers, Residuaries, Distant Kindred.

Shia — only Sharers and Residuaries; NO distant kindred.

Sharers — 12 in number (Sunni classical count).

Testamentary limit — 1/3 of net estate.

Bequest to heir — void without all heirs' consent.

2:1 male-female rule — where they inherit together (Nisa 4:11).

No joint family property / coparcenary.

No ancestral/self-acquired distinction.

No birthright in living person's property.

Order — funeral → debts → valid bequests → intestate.

Homicide disqualifies heir.

Classical rule — difference of religion bars inheritance (modified by Caste Disabilities Removal Act 1850).

Representation — NOT recognised in Sunni; partial recognition in Shia.

Aul (increase) — proportional reduction when shares exceed unity.

Radd (return) — surplus returns to Sharers when shares fall short.

Practice Questions

Discuss the sources of Muslim inheritance law. (15 marks)
Explain the general principles of Muslim inheritance law. How does it differ from Hindu inheritance law? (20 marks)
Discuss the anti-testamentary character of Muslim law with reference to the 1/3 limit. (15 marks)
Explain the three classes of heirs under Sunni Muslim law. (15 marks)
What are the distinctive features of Muslim inheritance? Compare with Hindu Succession Act 1956 post-2005 amendments. (20 marks)
Discuss the concept of 'Distant Kindred' under Sunni law. Is it recognised under Shia law? (10 marks)
MCQ: The primary source of Muslim inheritance law is — (a) Hadith (b) Quran (c) Ijma (d) Qiyas. Answer: (b).
MCQ: The three classes of heirs under Sunni Muslim law are — (a) Male, Female, Joint (b) Class I, Class II, Class III (c) Sharers, Residuaries, Distant Kindred (d) Sapindas, Samanodakas, Bandhus. Answer: (c).
MCQ: Testamentary disposition is limited to — (a) 1/2 of net estate (b) 1/3 of net estate (c) 2/3 of net estate (d) Unlimited. Answer: (b).
MCQ: A bequest to an heir is — (a) Always valid (b) Void unless other heirs consent (c) Permitted to a maximum of 1/6 (d) Permitted only to eldest son. Answer: (b).

XIV. Conclusion

Muslim inheritance — ilm-ul-faraid — is a distinctive and sophisticated system grounded in the Quran, elaborated by classical scholars, and applied in India under the Shariat Act 1937. Its defining features — fixed Quranic shares, three-class structure (Sunni), anti-testamentary 1/3 limit, no joint family property, strong agnatic preference, mathematical precision — set it apart from both Hindu and Christian inheritance frameworks.

For the judicial aspirant, five anchors secure this topic. First, the sources (Quran Nisa 4:11-12, 4:176; Sunnah; Ijma; Qiyas). Second, the general principles — no joint family, no birthright, anti-testamentary 1/3 limit, order of distribution (funeral → debts → bequests → intestate). Third, the three-class structure — Sharers first, then Residuaries, then Distant Kindred. Fourth, distinctive features — 2:1 male-female rule, mathematical precision, aul and radd doctrines. Fifth, applicability in India under the Shariat Act 1937, excluding the Indian Succession Act 1925. With these anchors, the foundation for the detailed topics on specific classes of heirs (Topics 70-75) is firmly laid.

XV. Frequently Asked Questions

Q1. What is the primary source of Muslim inheritance law?

The QURAN — specifically Sura Nisa 4:11, 4:12, and 4:176. These verses establish the fixed shares for specified heirs. The Sunnah (Prophetic tradition) supplements the Quranic rules; Ijma (scholarly consensus) and Qiyas (analogical reasoning) fill remaining gaps.

Q2. Does the Indian Succession Act apply to Muslims?

NO. Section 58 of the Indian Succession Act, 1925 expressly excludes Muslims from its provisions on testate and intestate succession. Muslim inheritance is governed by Muslim personal law via the Muslim Personal Law (Shariat) Application Act, 1937. Narrow historical exceptions (converted Christians in Cochin/Travancore) have negligible modern significance.

Q3. What are the three classes of heirs under Sunni law?

(1) SHARERS (Dhawil-Furud) — 12 heirs with fixed Quranic shares; (2) RESIDUARIES (Asabah) — heirs taking the residue after Sharers; (3) DISTANT KINDRED (Dhawil-Arham) — blood relatives inheriting only in default of Sharers and Residuaries. Shia law recognises only Sharers and Residuaries — no distant kindred class.

Q4. How much can a Muslim dispose by will?

Up to 1/3 of the net estate (after deducting funeral expenses and debts). A bequest exceeding 1/3 is valid ONLY to the extent of 1/3; the excess is void unless all heirs consent (Hanafi: unanimous consent; Shia: per heir consent). A bequest to an heir is void unless other heirs consent — this prevents preferential inter-heir bequests.

Q5. Is there joint family property in Muslim law?

NO. Muslim law has no concept of joint family, coparcenary, or HUF. Each Muslim owns his / her own property. Marriage does not create joint ownership. There is no ancestral / self-acquired distinction — all property is treated uniformly for inheritance purposes.

Q6. Can an illegitimate child inherit?

Classical Sunni: illegitimate child cannot inherit from the FATHER (no established paternity) but can inherit from the MOTHER. Classical Shia: similar with nuances. Modern Indian practice: Section 125 CrPC protects illegitimate children's maintenance rights; inheritance questions are governed by classical rules, subject to constitutional review.

Q7. What happens to the share of a predeceased heir?

Sunni law does NOT recognise representation (per stirpes). The share of a predeceased heir does not pass to his / her descendants; it goes to the other available heirs. Shia Ithna Ashari partially recognises representation in certain contexts — key doctrinal divergence. Indian practice: Muslim Personal Law (Shariat) Application Act respects school-specific rules.