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INHERITANCE, CONTRACTS, AND
PRINCIPLES OF INHERITANCE.
1. THERE is no distinction between real and personal, Property of
all kinds in nor between ancestrel and acquired property, in the heritable Moohummudan Law of Inheritance.
without dis. tinction.
2. Primogeniture confers no superior right. All the Of Primoge
niture. sons, whatever their number, inherit equally.
3. The share of a daughter is half the share of a son, of the right
of a daughter, whenever they inherit together.
with a son.
4. A will made in favour of one son, or of one heir, Of legacies in
favour of cannot take effect to the prejudice and without the con- heirs. sent of the other sons, or the other heirs.
5. Debts are claimable before legacies, and legacies of debts and (which however cannot exceed one-third of the testator's
legacies. estate) must be paid before the inheritance is distributed.
6. Slavery, homicide, difference of religion and dif- Causes of ex
clusion from ference of allegiance, exclude from inheritance.
7. But persons not professing the Moohummudan Exceptions.. faith may be heirs to those of their own persuasion, and
in the case of persons who are of the Moohummudan faith, difference of allegiance does not exclude from inheritance.
Simultaneous 8. To the estate of a deceased person, a plurality of a plurality of persons having different relations to the deceased, may heirs. succeed simultaneously, according to their respectively
allotted shares, and inheritance may partly ascend lineally, and partly descend lineally at the same time.
No right by re- 9. The son of a person deceased shall not represent presentation.
such person if he died before his father. He shall not stand in the same place as the deceased would have done had he been living, but shall be excluded from the inheritance, if he have a paternal uncle. For instance, A, B and C are grandfather, father and son. The father B dies in the life-time of the grandfather A. In this case the son C shall not take jure representationis, but the estate will go to the other sons of A.
Sons, son's 10. Sons, son's sons and their lineal descendants, in sons &c. have no specific al. how low a degree soever, have no specific share astheir portions signed to them: the general rule is that they take all vary according the property after the legal sharers are satisfied, unless to the number of the other there are daughters; in which case each daughter takes heirs. a share equal to half of what is taken by each son.
For instance, where there are a father, a mother, a husband, a wife and daughters, but little remains as the portion of the sons; but where there are no legal sharers nor daughters, the sons take the whole property.
Enumeration 11. Parents, children, husband and wife must, in all of heirs not liable to ex. cases, get shares, whatever may be the number or declusion.
gree of the other heirs.
General Rule 12. It is a general rule that a brother shall take for the shares double the share of a sister. The exception to it is in