Intestate succession – In absence of a will
The Muslim law of succession has been derived from the rules found in the Quran. There belonged to property of deceased, four successive duties to be performed by the Qazi:.
- His funeral ceremony and burial without superfluity of expense yet without deficiency.
- The discharge of his just debts from the whole of his remaining effects
- The payment of his legacies out of a third of what remains after his debts are paid.
- The distribution of the residue amongst his successors
As regards the administration of the estate of a deceased person, the Muslim Law has been superseded in India by the Indian Succession Act, 1925, and such administration is carried out by the executors or administrators under the provisions of the Act. It is to noted that the provisions of the Indian Succession Act prevail so far the claim to the property is concerned even if they come in conflict with the Mohammedan Law.