share of grandsons in property according to muslim personal

Abdul Hannann (Querist) 31 July 2015 This query is : Resolved
if the grandfather had one daughter and one son. Son died in the life of his father. What will the distribution among the the daughter and the son's sons after the death of grandfather.

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SAINATH DEVALLA (Expert) 01 August 2015
The grandchildren would have a right over their father's share.The share would be in the ratio of 2:1 for the son and the daughter.i.e son is entitled to 2/3rd and the daughter 1/3rd shares.THIS IS ACCORDING SUNNI LAW.

In shia law however there is a class system. The people in the first class override those in the second class. The daughter is in the first class and the brother in the second class. So in the same situation the daughter would take everything overriding her brother.
Therefore under the shia sect the male is not given preference. Even the daughter's daughter would outweigh the brother of the deceased. This is the basic difference of how the property is distributed under the two sects.

P. Venu (Expert) 01 August 2015
In my considered opinion, the grandchildren would have no share in the inheritance as, under Muslim Law, inheritance opens up only after the demise of the person.

Rajendra K Goyal (Expert) 01 August 2015
Author need to mention:

1. What was the religion of grandfather?
2. If Muslim whether Sunni or Shia?
3. If Hindu when, how, by whom the property was purchased?

Please state full facts.