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    Family Law - Class Report

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    Ashwanth M.S
    The Doctrine of Radd, or return, states that if there is no living residuary heir to claim the residual shares after sharers have received their shares, the residual will be distributed among the original sharers proportionally. Exceptions exist where a spouse cannot inherit residual shares if sharers, residuary heirs, or distant kindred exist. This is demonstrated through examples of inheritance scenarios involving mothers, sons/daughters, wives, and husbands.

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    Family Law - Class Report

    Uploaded by

    Ashwanth M.S
    39 views3 pages
    The Doctrine of Radd, or return, states that if there is no living residuary heir to claim the residual shares after sharers have received their shares, the residual will be distributed among the original sharers proportionally. Exceptions exist where a spouse cannot inherit residual shares if sharers, residuary heirs, or distant kindred exist. This is demonstrated through examples of inheritance scenarios involving mothers, sons/daughters, wives, and husbands.

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    Family Law- Class Report

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    The Doctrine of Radd, or return, states that if there is no living residuary heir to claim the residual shares after sharers have received their shares, the residual will be distributed among the original sharers proportionally. Exceptions exist where a spouse cannot inherit residual shares if sharers, residuary heirs, or distant kindred exist. This is demonstrated through examples of inheritance scenarios involving mothers, sons/daughters, wives, and husbands.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    39 views3 pages

    Family Law - Class Report

    Uploaded by

    Ashwanth M.S
    The Doctrine of Radd, or return, states that if there is no living residuary heir to claim the residual shares after sharers have received their shares, the residual will be distributed among the original sharers proportionally. Exceptions exist where a spouse cannot inherit residual shares if sharers, residuary heirs, or distant kindred exist. This is demonstrated through examples of inheritance scenarios involving mothers, sons/daughters, wives, and husbands.

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    © All Rights Reserved
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    of 3

    08/09/20

    THE DOCTRINE OF RADD


    By: Vyshnavi Praveen, Shreya v.

    What is the Doctrine of Radd?


    ● In simple words, the Doctrine of Radd or Return states that is there is no
    alive residuary to claim the residual shares after the sharers have claimed
    their share, then the residual shares will be distributed among the sharers
    in proportion toothier original share.
    ● The difference between the Doctrine of Aul and Radd can be understood
    as the absence/ presence of residual shares. In the case when Aul is to be
    applied, the shares of the existing sharers exceed 1(i.e. The total share)
    whereas in the case of the application of Radd, the combined shares of the
    sharers are less than 1 and there exists no residuary leaving behind a
    share of the property.
    ● No residuary > Residue> Return >Doctrine of Radd

    What is the exception to the Doctrine of Radd or Return?


    The special condition states that the Spouse (Husband/Wife) may not take
    return (residual shares) if either of the following heirs exists :
    ❖ Sharers (s)
    ❖ Residuary (r)
    ❖ Distant Kindred (DK)
    In the presence of either of these parties, they take the return and prevent the
    spouse from inheriting it.

    Understanding the different Scenarios


    We will try to gain a deeper understanding by looking at the three broad
    scenarios

    Case 1:
    P dies leaving behind the Mother (M) and Sons Daughter (SD).
    In this case, there is no special condition. Both parties shall inherit residue in
    proportion to their shares
    M- 1/6 (As a sharer)
    SD- ½ (As a sharer)

    Sum total of share = 1/6+ 1/2 = 4/6


    Residue = 2/6
    The proportion of shares (M: SD) = 1:4
    The residual shares will be distributed in the same proportion
    The total share of M = 1/6 (s) + {2/6*1/4= 1/12} (r) = 3/12 or 1/4
    The total share of SD= 1/2 (s) + {2/6*3/4=1/4} (r) = 3/4

    Hence the new share of M: SD = 1: 3

    Case 2:
    P dies leaving Wife as the only heir
    Share of W= 14/
    Residue = 1-1/4 = 3/4
    There exists no close heir/ residuary and hence the wife takes the return
    i.e. W gets complete share { ¼+3/4} = 1

    Case 3:
    P dies leaving behind H and M
    Share of H = ½
    Share of M = 1/6

    Total of shares = ½ + 1/6 = 4/6


    Residue = 2/6
    The special condition applies here due to the presence of M and hence the H is
    prevented from taking return.
    New shares:
    H= 1/2 (s) + 0 (r) = 1/2
    M= 1/6 (s) + 2/6 (r) = 3/6 or ½

    The proportion of shares between H and M = 1:1

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