This document discusses the Shia doctrine of return and increase in inheritance. It explains that under Shia law, if the total shares of heirs exceed the estate, shares are deducted from daughters and sisters, unlike Sunni law which proportionally reduces all shares. It provides an example where a wife's estate is divided between her husband and two sisters. The document also notes exceptions to the general rule of return, where the husband, wife, mother, or uterine siblings are not entitled to excess shares if other heirs are present.

1. Nemil Shah
Roll No.49, 2nd Year,
BSLS, Faculty of Law,
The M.S.University of Baroda.

2. DOCTRINE OF
RETURN & INCREASE
 Like Sunnis Law, Shia Law solves the problems of
excess by the application of the doctrine of
rudd, though in the actual application of the doctrine
there are some differences between the two.
 The Shias do not recognize the doctrine of increase.

3.  Under Shia Law, if total share of sharers exceeds
the heritable property i.e. Exceeds the unity, the
share of all sharers is not proportionally reduced but
it is always deducted from the shares of following
two heirs : -
 Daughter or Daughters
 Full or Consanguine sister or Sisters

4.  A, Mohmammedan Wife dies leaving husband
and two full sisters :
 H – ½ = 3/6 = 1/2
 2 Full Sisters - 2/3 = 4/6 (reduced 4/6 – 1/6)
= ½
 Total 7/6 (Without Reduced)

5.  Under Sunni Law if there are residue, there are no
residuaries, the residue return to the Sharers. But in
Shia Law the total absence of the residuaries as a
class not required by Shia Law, only if the
residuaries in the class to which the Sharers belong
is absent, it will be sufficient for the application of
the doctrine of the Return.

6.  The above given General rule has certain exceptions
which are as follows :
 The Husband : The Husband is not entitled to the
‘Return’ so long there is any other heir of the deceased
exist. If there is no any other heir, the Husband will take
whole estate by ‘Return’.
 The Wife : As Husband, wife too is not entitled to
‘Return’ so long there is any other heir of the deceased
exist. The old view was that if there is no other heir, wife
would not take the whole estate, she would take only her
share ¼ and surplus would escheat to the Government.
EXCEPTIONS :

7.  The Mother : The Mother is not entitled to the ‘Return’ If
the deceased dies leaving daughter or any of the
following: a) one or more full or consanguine brothers, b)
one full or consanguine brother, two full or consanguine
sisters, or c) four full or consanguine sisters. To Prevent
the mother from taking return, the surplus reverts to the
father and daughter in the proportion of their respective
share.
 The Uterine Brothers and Sister : Uterine Brother and
Sister are not entitled to the ‘Return’, if they co-exist with
a full sister and sisters divide the return in proportion to
the Sharers.
EXCEPTIONS :