Inheritance in Mother's property according to Muslim Personal Law

Mohammed Raza (Querist) 13 July 2011 This query is : Resolved
Dear Mr. Raj Kumar Makkad,

I have a below query to be solve

A Muslim lady "X" died in 1988 n left a property (Land)behind her. The property was gifted by her mother n registered in her name. This property was neither purchased by her husband nor inherited from her husband's family. She has left (5) heirs behind her in the above property.
(1)Her Husband "Y"
(2)Her Elder Son "A"
(3)Her Elder Daughter "C"
(4)Her Younger Son "B"
(5)Her Younger Daughter "D"
"A" died in 1987
"D" died in 1990
"Y" died in 2002

"C" and "B" are alive now n claiming their share in this property as per Mohammedan Law in indian jurisdiction.

The questions I have are -

a) "A" the Elder Son dies BEFORE "X" n "Y". Does the A's wife n children are entitle to get their father's share in the above property which has left by "X"?

b) What would be the share of
"A" "B" "C" "D" in the above said property as per MOhammedan Law?

As per my knowledge in Mohammedan Law if a son died before their parents (Father & Mother)his wife N children not entitle to get share in property. Is it correct?

No partitioning has yet been done.

The situation relates to a Sunni Muslim family in India.

Thanks in advance N Eagerly waiting for kind advice

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R.Ramachandran (Expert) 13 July 2011
I remember, you asked the question earlier and after getting some clarification from you I could not immediately reply to you. Sorry for the delay.

Please find attached the table showing the Sunni law of inheritance.

In your fact situation, the husband "Y" will get 1/4th share.

The father of the lady will get 1/6th share.

She will get 1/3rd of 3/4th share i.e. 1/4 share.

Thus, totally 1/4+1/4+1/6 of the share i.e. 2/3 share gets distributed to the above three persons.

What remains is only 1/3rd share. That will go to the sons (or son's sons) and daughters. The daughters (sisters in your case) will take the share equal to half of the share inherited by the brothers.

Thus, each of two brothers B and [deceased brother A's son(s)] would get 2/15th share.
Two sisters would get the remaining 1/15th share and each one of them will get 1/30th share.

In the presence of the son or daughter, son's children or daughter's children would not get anything.

Mohammed Raza (Querist) 14 July 2011
Thanks Sir,

But my main concern is that

(2)Her Elder Son "A" has already died in 1987 before their parents (Father & Mother).

As per knowledge if a son died before their parents (Father Or Mother)his children shall not be entitle to get any share in the property.

Is it correct?

Kindly give me any court's ruling as reference to solve this issue.

R.Ramachandran (Expert) 14 July 2011
Dear Mr. Mohammed,
That statement is not correct. If the son had been alive, then the son's son would not be entitled. But in the absence of a son, then son's son is entitled.
He is a RESIDUARY and not a SHARER.