AGA SHERALLI Vs. BAI KULSUM KHANUM

JUDGEMENT

(1.) We have taken advantage of an error apparent on the face of the record to grant the application for review sought by the appellants who were unsuccessful before us on the first hearing of their appeal. We were the more ready to do this as we were told that there were now additional materials in the shape of further and more accurate translations of works by commentators who had discussed the question with which we are concerned.

(2.) That question is, whether under the Shiya Law the succession in the case of descendants of paternal uncles and aunts is stirpital or capital. On the former occasion we held that it was stirpital.

(3.) The heirs by consanguinity under the Shiya Law of inheritance fall into three classes. In the first clas3 are, first the parents, and secondly children and other lineal descendants. In the second class there are first grand parents and ascendants and secondly brothers and sisters and their descendants. And in the third class come paternal and maternal uncles and aunts of the deceased and his parents and their descendants.