Can a daughter get share in the property of grandfather if the father is pre deceased to grand fathr
Md Shadab Ansari
(Querist) 20 November 2011
This query is : Resolved
can a daughter get share in the property of grandfather if the father is pre deceased to grand father?(According to Muslim Law)
prabhakar singh
(Expert) 20 November 2011
Only Dhingra ji can tell you authentically.wait for him.
Raj Kumar Makkad
(Expert) 20 November 2011
No. As per Muslim Law, she is not entitled to get share in the given case.
Except for the Muslim laws of inheritance, which require at least 2/3 of the deceased’s property to be inherited by the line of succession and allow up to 1/3 to be settled by testamentary succession, India’s other inheritance laws do not have any reserved portion, i.e. the entire property may be subject to testamentary succession or intestate succession if there is no will.
Under Indian Islamic law, the following persons are disqualified from inheritance: (i) non-Muslims (b) murderers (c) children in the womb (d) illegitimate children (e) daughters, by custom (f) insane or unchaste persons (g) step parents (h) childless widows, by custom and (i) absent heirs.
Shailesh Kr. Shah
(Expert) 21 November 2011
Shri Prabhakar Singh ji
sir why you are telling so?
R.Ramachandran
(Expert) 21 November 2011
Dear Mr.Mohd. Shadab Ansari,
Son’s Daughter (How low so ever)is a sharer and entitled to inherit the property of the intestate.
Under Sunni Muslim law of inheritance, ‘The sharer’ category does not include all grand children, but includes only the daughter of a son. Even a daughter of a pre-deceased son of a pre-deceased son (meaning thereby great grand daughter) is included as a sharer.
A son’s daughter will inherit as a sharer only in absence of a son, a daughter or a son’s son. In that case her share is half (1/2) is she is alone, and it is two-third (2/3) where there are two or more daughters of the son.
If a son’s son is also present then she inherits as a residuary with him taking a share that equals half of what he takes.
Under the rule of inheritance, the rule of nearer in blood excluding the remoter is followed strictly. Here however, if only one daughter of the intestate is alive but no son or a son’s son, a son’s daughter would take one-sixth (1/6) of the property.
It is pertinent to note that children of a predeceased daughter are distant kindred and can inherit only in absence of sharers (other than spouse of the deceased) and the residuaries.
Under Shia law of inheritance, apart from husband, wife, father znd mother, only the daughter, urine brother or sister, full sister and consanguine sister are the sharers.
Hope this answer meets with you requirement.
Guest
(Expert) 21 November 2011
Shailesh ji,
It seems Prabhakar ji has lost faith in himself only. However, by posting something, may that not be relevant to the question, Prabhakar ji ensured to secure at least some scores for himself.
Earlier, Respected Prabhakar ji advised me not to resort to "CHOCH LADANA", but now you can see by his present post, "Only Dhingra ji can tell you authentically.wait for him," who is taking initiative for the act of choch ladana? In fact he can't get rid of his envious habit.
I never intended to post any reply to this question, as I don't have adequate knowledge about Muslim Law regarding inheritance. But, Prabhakar ji's initiative and intention for choch ladana compelled me to reply his post.
So, if he necessarily desires my reply on the query of the author, I can frankly say, "I DISAGREE WITH SHRI PRABHAKAR JI's OPINION." Hope he would be satisfied with my reply on the question.
prabhakar singh
(Expert) 21 November 2011
I AGREE WITH HON'BLE DHINGRA G OPINION ON EACH AND EVERY THING STATED BY HIM ABOUT ME.
BUT I AM HAPPY THAT AN ACKNOWLEDGED EXPERT
ON YOUR QUERY HAS ALREADY ANSWERED YOU AND
I AM PLEASED THAT I OFTEN GET OPPORTUNITY
TO LEARN THINGS IN THIS AREA FROM HIM.
M V Gupta
(Expert) 21 November 2011
In an article dealing with Islamic law of succession by Dr. Abid Hussain which I have accessed on the internet some time back states -"The heirs mentioned in the Quran (mother, father, widow, daughter,uterine brother, consanguine sister) together three heirs added by juristic method of analogy (paternal grand father, maternal grand mother and agnatic grand daughter) form a group of heirs called Quranic heirs or sharers(ashad al-furud). These heirs when entitled to inherit are given their fixed shares and the remaining estate is inherited by the residuaries (asaba)." From this observation it would appear that the grand daughter being a Quranic sharer would be entitled to a share in her garnd father's estate even if her father has died before the grand father.
Devajyoti Barman
(Expert) 21 November 2011
Yes Mr RAMCHANDRAN has hit bull's eye as usual.
