Distant Kindred under Muslim Law

Introduction

Distant kindred are a class of heirs under Muslim law who inherit only in the absence of sharers (fixed share heirs) and residuaries (heirs who take the remainder).
They form an important fallback category to ensure that property does not remain undistributed.

Meaning / Definition

Distant kindred (DK) are relatives of the deceased who are neither sharers nor residuaries but are related through female links or mixed (male and female) links.

They include:

• Female agnates (relatives through male line but female members)
• Cognates (relatives through at least one female link)

They inherit only when:

• There are no sharers and no residuaries, or
• When only a husband or wife survives (who takes their fixed share and the rest goes to distant kindred)

Modes or Types

Classification of Distant Kindred

Distant kindred are classified into three categories:

Descendants

These are relatives descending from the deceased through female lines.

Examples:

• Daughter’s children
• Son’s daughter’s children
• Daughter’s grandchildren

Ascendants

These are ancestors of the deceased not covered under sharers.

Examples:

• Mother’s father
• False grandfather or grandmother (not direct legal grandparents)

Collaterals

These are relatives in side branches (not direct line).

Examples:

• Brother’s daughter
• Sister’s children
• Cousin’s daughter
• Descendants of grandparents

Rules of Distribution

General Rules

• Descendants are preferred over ascendants
• Ascendants are preferred over collaterals

Rules among Descendants

• The nearer relative excludes the more distant one
• If degree is equal:
  • Children of sharers and residuaries are preferred over distant kindred
• Order of preference:
  • Daughter’s children
  • Son’s daughter’s children
  • Daughter’s grandchildren
  • Son’s son’s daughter’s children

Distribution based on Gender

• If heirs are equal in degree and same type:
  • Property is divided per capita (per person)
  • Male gets double the share of female

When Intermediate Ancestors Differ

• Stop at the level where male and female links differ
• Divide shares at that level:
  • Male gets double share
  • Female gets one share

Rules among Ascendants

• Mother’s father takes first preference
• If absent:
  • False grandparents inherit
• Then:
  • Higher degree ascendants inherit

Rules among Collaterals

• Nearer relative excludes remoter
• Among equals:
  • Children of residuaries are preferred over distant kindred

State as Heir (Escheat)

If no heirs exist:

• Property goes to the State
• Subject to any legal obligations (like debts or charges)

Practical Example

A Muslim dies leaving:

• Daughter’s son (DS)
• Daughter’s daughter (DD)

Both are equal in degree:

• DS (male) gets 2/3
• DD (female) gets 1/3

This follows the rule:

• Equal degree → per capita distribution
• Male gets double share of female

Summary

• Distant kindred inherit only in absence of sharers and residuaries
• Includes female agnates and cognates (relatives through female link)
• Classified into descendants, ascendants, and collaterals
• Descendants preferred over ascendants, ascendants over collaterals
• Nearer relative excludes remote relative
• Equal degree → per capita distribution, male gets double share
• If no heirs exist, property goes to the State (escheat)