Husband = 1/2 [as there is no child]
Mother = 1/3 [as there is no child]
Father's father = Residue [as no child and no father of the propositus]
Full brother = exclude by father's father
Sum total of shares of sharers are =1/2+1/3 =5/6
So, Father's father will get=1-5/6 =1/6
Sum total of the share is =1/2+1/3+1/6= 6/6 = 1
The Property has been distributed.
(i) According to Hanafi law,
Two wives = 1/8 [as there is child
Father= 1/6 [as there is child]
Mother = 1/6 [as there is child]
One pre-deceased son daughter = [excluded by residuary]
Two consignine brother and One consignine sister= excluded by superior residuary
One son and Two daughters =
One son and two daughters get as residuary. Daughter becomes residuary in the presence of
son and not a sharer in the presence of son. But the condition is that son and daughter will get
the residue together to be distributed among them in proportion of 2: 1. That is, one son takes
double to a daughter.
Calculation,
Sum total of shares of sharers are = 1/8+1/6+1/6=11/24
Residue= 1-11/24= 13/24
One son and two daughters will get= 2×1:1×2 of residue,
= 2:2 of resideu, = 2/4:2/4 of resideu,
One son will get 13/24 of 2/4= 26/96
Two daughters will get = 26/96
So, individual daughter will get 13/96
Two wives will get = 1/8= 12/96
Father will get = 16/96
Mother will get = 16/96
Sum total of the share is = 26/96+26/96+12/96+16/96+16/96= 96/96 = 1
(ii)According to MFLO,1961,
Two wives = 1/8 [as there is child]
Father= 1/6 [as there is child]
Mother = 1/6 [as there is child]
Two consignine brother and One consignine sister= excluded by superior residuary
One pre-deceased son daughter = same as daughter.
The Muslim Family Laws Ordinance 1961 introduces 'Doctrine of Representation' in the process
of inheritance. Now, the Son or daughter of a pre-deceased son gets same share of his/her
father.
One son and Two daughters+(one son's daughter)=
One son and three daughters becomes residuary in the presence of son and not a sharer in the
presence of son. But the condition is that son and daughter will get the residue together to be
distributed among them in proportion of 2: 1. That is, one son takes double to a daughter.
Calculation,
Sum total of shares of sharers are = 1/8+1/6+1/6=11/24
Residue= 1-11/24= 13/24
One son and three daughters will get= 2×1:1×3 of residue,
= 2:3 of resideu,
= 2/5:3/5 of resideu,
One son will get 13/24 of 2/5= 26/120
Three daughters will get 13/24 of 3/5 = 39/120
So, individual daughter will get 13/120
Two wives will get = 1/8= 15/120
Father will get = 1/6= 20/120
Mother will get = 20/120
Sum total of the share is = 26/120+39/120+15/120+20/120+20/120 = 120/120=1