Residuaries in Mohameddan Law

Mohamed Ali (Querist) 30 May 2011 This query is : Resolved

Who are Residuaries under Mohameddan law ?

Does Predeceased Son's or Daughters children comes under residuary category ?

If not why ?

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G.Sundara Rajan (Expert) 30 May 2011
Son (1/2), daughter (1/4), wife (1/4), those are the multiples used when a mohammedan property is sought to be divided, there are stipulations of different multiples to every relation. All the multiples are put together and calculated as to in how many parts the property shall be divided and who gets how many parts of those parts divided. All the three mentioned above become residuaries, and others are only share holders.

There is no answer to "If not why", because Islamic law is based on the four pillars of 1. Quoran, 2. Hadis, 3. Ijma, and 4.Qiyas. Of the four schools of law, the principles of Hanafi school of law is practised in India.

Islamic law is closed for interpretation or asking of questions and is only expected to be followed. You may refer to the doctrines of Hanafi school of law to find out "WHY" and "how".

Mohamed Ali (Querist) 01 June 2011

As per Mohameddan law Principle of representatation, Predeceased son's children i.e his Sons or daughters will not get any share in their grand parents property , only way out for them is grand parents has to make a will and reserve 1/3rd share to their grandchildre

If the survived relations are only daughters(as in islamic law daughter cannot get more than 1/3rd share, here two daughters survived and the only son predeceased with a Son),
then whether Oprhaned grandson can claim in residuary category or he will be completely excluded by the surviving AUNTS, if so what about the left over 1/3 rd share.