Inheritance
rehaman
(Querist) 16 June 2013
This query is : Resolved
Sir
A sunni muslim man dies and leaves behind 4 sons , 2 grandsons (son's son) and 5 grand daughter's (son's daughter) ,his daughter dies at early age,kindly advice what will be shares of
1.sons
2.grand sons
3.grand daughters( son's daughter in absence of daughter)as per Muslim law
In absence of daughter do son's daughter inherit in presence of there father and uncle
kindly advice
M.Sheik Mohammed Ali
(Expert) 16 June 2013
deased man having 4 sons and 1 daughter, no need for others
each sons get 2 shares
and 1 daughter get single shares only
and after get their shares(sons and daughter) they itself split their own self
rehaman
(Querist) 16 June 2013
Sir,
Deased man's daughter dies before him..only 4 sons inherit or his granddaughters also inherit in place of his deased daughter
M V Gupta
(Expert) 16 June 2013
only 4 sons inherit equally, if their mother is also dead. Otherwise, mother will have 1/8th share and the balance 7/8 th will be distributed among the sons equally.
Anirudh
(Expert) 17 June 2013
1. In absence of a son, daughter, a higher son’s son, higher son’s daughter, or an equal son’s son. (In this case the son of the deceased person is present. Therefore the question of son's daughter etc., getting any share does not arise.)
2. There is no such provision for the daughter or son of the deceased daughter.
Therefore in the fact situation, only the sons of the deceased will get the share in the property and NO ONE ELSE. I completely agree with the views of Mr.M.V.GUPTA.
prabhakar singh
(Expert) 17 June 2013
@Mr.Anirudh!
Although you're concluded answer to query is correct as is of Mr.GUPTA too.
Yet i would like you to explain just for my knowledge what do you mean by expressions
" a higher son’s son, higher son’s daughter, or an equal son’s son. " ???
@QUERIST!
QUESTION:"Deceased man's daughter dies before him..only 4 sons inherit or his granddaughters also inherit in place of his deceased daughter"
ANSWER:DAUGHTER OF A DAUGHTER{granddaughter(s)) DO/ES NOT INHERIT.
Anirudh
(Expert) 17 June 2013
Dear Mr. Prabhakarji,
Pranam.
If a person has more than one son living at the time of his demise, the term 'higher son' will relate to the elder son. If the sons are twins the term refers to "equal son's son". (I may be completely wrong.)
Anirudh
(Expert) 17 June 2013
@Mr. Prabhakar Singhji,
As for equal son, on my further thinking, it need not be a twin. Rather, son from the other wife - say first son from first wife and first son from second wife.
M V Gupta
(Expert) 17 June 2013
Dear Mr. Anirudh, the expressions "higher son", "equal son" do not find place in the Islamic law of inheritance. Pl check Mulla's Muhammadan Law or any other text on the subject. If u find any reference to these expressions I shall be glad to be enlightened of the same.
