Shia Inheritance, Domicile & the ISA 1925 — KSLU Family Law 2 Notes

Shia Inheritance, Domicile & the ISA 1925

Shia inheritance rests on proximity of blood: the nearer degree of kinship excludes the more remote, regardless of the rigid three-class Sunni scheme; relatives of the same degree share equally, the strict residuary doctrine is not applied, and a wife may take by Radd. Domicile — the legal system a person is connected with for personal-law purposes — is of three kinds: domicile of origin (at birth), domicile of choice (acquired by residence + intention to remain permanently), and domicile of dependence (of minors and, formerly, married women). The Indian Succession Act, 1925 governs intestate and testamentary succession for Christians and Parsis (and Wills generally), supplying the framework studied in Unit V — including succession certificates, probate, and letters of administration.