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Mohamed Ali (employee)     18 March 2013

Muslim inheritance

Dear All, We had case in which 2 daughters only survived their mother and the only son had predeceased her with a grandson and a grand daughter. We filed a declaratory suit in the court in india, seeking a declaration that only the 2 daughters are entitled to succeed to the share of the mother and orphaned grand children are excluded from the inheritance as per Mohameddan law. But the court has dismissed our suit stating 2 daughters are not entitled for the full property left over by their mother they are entitled for 2/3 rd share only and remaining 1/3rd share will go to orphaned grandchildren as residuaries even though we have brought to the notice of the court that uterine relations of the mother will get the residue in this case. In our case our great grandmother is entitled for a share in property of her father, She is survived by only 2 daughters a) Aisha b)Sakina and her only son Kaleem had predeceased her with 2 children a)latif b) Arifa and the great grandmother has many brothers and sisters. Thanks and Regards Ali


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