Principles of Hindu and Mohammadan Law (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Section vni. OF THE EETURN. 91. The return is where there being no residua- ries, the surplus, after the distribution of the shares, returns to the sharers, and the doctrine of it is as follows: 92. It takes effect in four cases; first, where there is only one class of sharers unassociated with those not entitled to claim the return, as in the instance of two daughters or two sisters; in which case the surplus must be made into as many shares as there are sharers, and distributed among them equally. 93. Secondly, where there are two or more classes of sharers, unassociated with those not entitled to claim the return, as in the instance of a mother and two daughters; in which case the surplus must be made into as many shares as may correspond with the shares of inheritance to which the parties are entitled, and distributed accordingly. Thus the mother's share being one-sixth, and the two daughters' share two-thirds, the surplus must be made into six, of which the mother will take two and the daughters four. 94. Thirdly, when there is only one class of sharers, associated with those not entitled to claim to return, as in the instance of three daughters and a husband, in which case the whole estate must be divided into the smallest number of shares of which it is susceptible, consistently, with giving the person excluded from the return his share of the inheritance, (which is in this case four, ) and the husband will take one ashis legal share or a fourth, the remaining three going to the daughters as their legal shares and as the return; but if it cannot be so distributed without a fraction, as in the case of a husband and six daughters, (three not being capable of division among six, ) the proportion must be ascertained between the shares and sharers. Thus 3X2=6, which.