Right of predeceased muslim daughter's heirs

Abu Thalha (Querist) 24 December 2024 This query is : Resolved
A Muslim father survives his daughter. He has other son and daughters and even a secodn wife. In this case can the legal heirs of the predeceased daughter inherit the estate of her father.

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Under Muslim inheritance law, property rights are only established upon the death of the owner. If a daughter predeceases her father, her own heirs do not automatically inherit her potential share. This is because the right to inheritance is extinguished with the death of the direct heir (the daughter in this case) before the ancestor's passing.

T. Kalaiselvan, Advocate (Expert) 24 December 2024
Muslim law does not differentiate between the rights of men and women to inherit property. Daughters are entitled to inherit property from both parents, but their share is usually half that of their brothers.
Children and grandchildren of the deceased are direct descendants and are entitled to specific shares.

kavksatyanarayana (Expert) 24 December 2024
Inheritance of property in Muslim law comes only after the death of a person, any child born into a Muslim family does not get his right to property on his birth. If an heir lives even after the death of the ancestor, he becomes a legal heir and is therefore entitled to a share in the property. However, if the apparent heir does not survive his ancestor, then no such right of inheritance or share in the property shall exist.

Dr. J C Vashista (Expert) 25 December 2024
Very well explained and advised by learned experts, I agree and nothing more to add.

Abu Thalha (Querist) 25 December 2024
Great. I am quite confident the views of learned KVK Satyanayana sir and Dr.V.C Vashishta sir are perfect. There is no share to the heirs of a predeceased son or daughter as the right got extinguished with the death of the son or daughter as the case may be. Am I right?

I thank all my brothers who participated to launch their views.

P. Venu (Expert) 03 January 2025
Under Muslim inheritance law, the property opens up inheritance/only after the lifetime of the owner. Hence, unlike other succession laws, legal heirs of the predeceased children have no right to inheritance

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