Code of Muslim Personal Laws

Article 124

Any residue left after the distribution of the shares shall be partitioned among the residuaries in accordance with the following articles. An heir may succeed as residuary in his own right (asaba-bin-nafs), in another's right (asaba-bil-ghair), or together with another (asaba-ma'al-ghair).

Article 125

The following persons are residuaries in their own right: cdtai (a) Male descendants of the decedent in the direct line, however, distant in degree; (b) Male ascendants of the decedent in the direct line, however distant in degree; (c) Full-blood or consanguine brothers of the decedent and their male descendants, however distant in degree; and (d) Full-blood or consanguine paternal uncles of the decedent and their male descendants, however distant in degree.

Article 126

The following persons shall succeed as residuaries in another's right: (a) Daughters surviving with the son of the decedent; (b) Son's daughters surviving with their own brothers; (c) Full sisters surviving with their full brothers; and (d) Consanguine sisters surviving with their consanguine brothers.

Article 127

Full-blood or consanguine sisters, surviving with daughters of the decedent or with the son's daughters, however distant in degree from the decedent, are residuaries together with another.

Article 128

Preference among residuaries shall be governed by the following rules: (a) The residuary nearer in degree shall be preferred to the more remote of the same class. (b) The residuary with full-blood relationship shall be preferred to those of the half-blood of the same degree of relationship in the same class. (c) The residuaries of the same class, degree and blood relationship shall share equally, subject to the rule of the male having a share double that of the female in proper cases.

Article 129

If the totality of all the shares assigned to each of the sharers exceeds the whole inheritance, the shares shall be reduced proportionately.

Article 130

If, after distributing the portions of the sharers, a residue is left in the inheritance and there is no surviving residuary heir, the same shall revert in its entirety to the lone sharer or to all the sharers in proportion to their respective shares. However, the husband or the wife shall not be entitled to any part of the reverted portion as long as there are other sharers or distant kindred.