Introduction :

There is no uniform civil code for the law of inheritance. Every religion is
governed by its own personal laws. The Muslim law of inheritance is twofold in nature. These
rules of inheritance are based on:
1. Pre-Islamic customs which were approved by the Prophet.
2. Quran and the traditions of Prophet
The Pre-Islamic customs discriminated and excluded women from inheriting the property. Later
sizable changes were made to benefit the female. This article concentrates on Hanafi intestate
succession. The four major categories of heirs who figure in the Sunni scheme of
succession-male agnatic heirs, Quranic heirs, agnatic co-sharers, and female agnatic heirs.

Different types of heirs:

The inheritance is limited to three groups:
1. Quota - heirs, consists of daughters, parents, grandparents, husband and wife/ wives,
brothers and sisters, and others
2. After the shares of the Quota - heirs are distributed, members of the Asaba inherit as
residuaries.
3. In case a person leaves no direct relatives then his property becomes the property of the
state (escheat).

Under Hanafi law the heirs of deceased muslim male or female are as following :
1. The sharers
2. Residuaries
3. The distant kindred
4. The state by escheat

1. Sharers :
They are 12 in number. They are given specific shares. In the case of some
shares their shares change under certain circumstances. Some sharers under certain
circumstances do not inherit as sharers but as residuaries. Under Hanafi law in India, a sharer
is someone who is entitled to a share in the inheritance of a deceased person. The rules of
inheritance and distribution of property under Hanafi law are governed by the Indian Succession
Act, 1925. The following individuals are considered sharers under Hanafi law in India:

1. Father : The father is entitled to 1/6th of the deceased person's property if the deceased
person has left behind a widow, and 1/3rd of the property if there is no widow.
2. Mother : The mother is entitled to 1/6th of the deceased person's property if the
deceased person has left behind a widow or children, and 1/3rd of the property if there is
no widow or children.
3. Wife : The wife is entitled to 1/8th of the deceased person's property if the deceased
person has left behind children, and 1/4th of the property if there are no children.
4. Son : The son is entitled to 2/3rd of the deceased person's property if there is no
daughter, and 1/2 of the property if there are daughters.
 5. Daughter : The daughter is entitled to 1/3rd of the deceased person's property if there is
no son, and 1/2 of the property if there is a son.

2. Residuaries :
Under Hanafi law in India, the residuary is the person who inherits the remaining
property after the shares of the sharers have been distributed. The rules regarding the
distribution of residuary property under Hanafi law are governed by the Indian
Succession Act, 1925. The following individuals are considered residuaries under Hanafi
law in India:
1. Husband : If the deceased person has no sharers, the husband is entitled to the
entire property as the residuary.
2. Daughter : If the deceased person has no husband or other sharers, the
daughter is entitled to the entire property as the residuary.
3. Father : If the deceased person has no husband, daughter, or other sharers, the
father is entitled to the entire property as the residuary.
4. Mother : If the deceased person has no husband, daughter, father, or other
sharers, the mother is entitled to the entire property as the residuary.
5. Full sister : If the deceased person has no husband, daughter, father, mother, or
other sharers, the full sister is entitled to the entire property as the residuary.
6. Consanguine sister : If the deceased person has no husband, daughter, father,
mother, full sister, or other sharers, the consanguine sister is entitled to the entire
property as the residuary.
7. Daughter's son : If the deceased person has no husband, daughter, father,
mother, full sister, consanguine sister, or other sharers, the daughter's son is
entitled to the entire property as the residuary.
8. Paternal uncle : If the deceased person has no husband, daughter, father,
mother, full sister, consanguine sister, daughter's son, or other sharers, the
paternal uncle is entitled to the entire property as the residuary.

3. Distant Kindred :
Under Hanafi law in India, distant kindred refers to relatives who are not sharers or
residuaries, but who may still be entitled to inherit from the deceased person's estate. The rules
regarding the inheritance of distant kindred under Hanafi law are also governed by the Indian
Succession Act, 1925.
The following individuals are considered distant kindred under Hanafi law in India:
1. Paternal and maternal aunts : If the deceased person has no sharers, residuaries, or
nearer kindred, the paternal and maternal aunts are entitled to inherit the property
equally.
2. Paternal and maternal uncles : If the deceased person has no sharers, residuaries,
nearer kindred, or paternal and maternal aunts, the paternal and maternal uncles are
entitled to inherit the property equally.
3. Granddaughter : If the deceased person has no sharers, residuaries, nearer kindred,
paternal and maternal aunts, or paternal and maternal uncles, the granddaughter is
entitled to inherit the property.
 4. Great-granddaughter : If the deceased person has no sharers, residuaries, nearer
kindred, paternal and maternal aunts, paternal and maternal uncles, or granddaughter,
the great-granddaughter is entitled to inherit the property.
5. Half-brother : If the deceased person has no sharers, residuaries, nearer kindred,
paternal and maternal aunts, paternal and maternal uncles, granddaughter, or
great-granddaughter, the half-brother is entitled to inherit the property.
6. Half-sister : If the deceased person has no sharers, residuaries, nearer kindred,
paternal and maternal aunts, paternal and maternal uncles, granddaughter,
great-granddaughter, or half-brother, the half-sister is entitled to inherit the property.

Doctrine of Aul :
In some legal systems, heirs are assigned a fixed share of an estate.
However, a problem may occur if the total of these shares is greater than the total value of the
estate. In such a situation, the Doctrine of Aul allows for the proportional reduction of each heir's
share to ensure that the total shares do not exceed the value of the estate. To achieve this,
each heir's share is reduced by a fractional amount. This is done by increasing the denominator
of the fraction, which reduces the overall value of the fraction. This is why the Doctrine of Aul is
sometimes referred to as the Doctrine of the Denominator.
For example, if there are four heirs and the total shares assigned to them add up to 6/5 of the
estate's value, each heir's share will be reduced by 1/6 to ensure that the total shares add up to
the full value of the estate. This ensures that each heir receives a fair and proportional share of
the estate.

Doctrine of Radd :
In some legal systems, after distributing the estate among the heirs
according to their entitlement, there may be a surplus left over. If there are no residuaries to
claim the surplus, the Doctrine of Retrm specifies that the surplus should be distributed
proportionally among the respective shares of the heirs. This means that if there are four heirs
and the total value of the estate is divided into four equal shares, but after distributing these
shares there is a surplus of one share left over, then the surplus will be divided among the four
heirs in proportion to their respective shares. For example, if one heir has a 1/4 share and
another has a 1/8 share, then the first heir will receive twice the amount of surplus as the
second heir.

Conclusion :
The Hanafi law of succession in India is based on Shariah law and governs the
distribution of an estate among legal heirs. Sharers, residuaries, and distant kindred are
recognized as heirs, with each group entitled to a different share of the estate. The Doctrine of
Aul and the Doctrine of Retrm are legal concepts used to ensure the fair distribution of
inheritance. The Hanafi law of succession promotes fairness and justice in the distribution of an
estate among legal heirs, and expert legal advice should be sought to ensure compliance with
applicable laws and regulations.