Orphaned grandson
Mohamed Ali
(Querist) 23 June 2009
This query is : Resolved
Dear Sir,
I need one clarification..
In Sunni hanafi law in India,
Whether Orphaned grandchildren are entitle for any share in their grand mothers property ?
Grand mother is survived by only two daughters, The only Son of her had predeceased her with three children one son and 2 daughters.
I got reply from one advocate as..
Answer:If there are no other legal heirs, the two daughters are entitled for 2/3 share and the grandson is entitled for 2/3 of balance 1/3 and the grand daughters are entitled for the remaining balance...
My Question:
But Sir, As per Mohameddan law Orphaned grand children are not entitle for any share in their grand parents property, they will be completely excluded from inheritance by their uncle and aunts.
The “Principle of Representation” is not recognized by traditional Sunni Islamic law. Representation means a more distant relative steps into the shoes of a nearer relative (e.g. a son representing his father) and inherits in an identical manner to the individual he represents.
In Shariah only heirs alive at time of death are entitled to inherit, they cannot be represented by someone else who has died before the propositus. This means that if a man dies leaving behind a son and a grandson through a predeceased son, the grandson is totally excluded by the son. This is based on the cardinal principle that the nearer in degree to the deceased excludes the one who is more remote in the same class of heirs.
Please clarify, As per the above explanation whether Orphaned grandson will be completely excluded from inheritance by his aunts or not...
Thanks and Regards
babu
sanjeev murthy desai
(Expert) 23 June 2009
Dear Mohamed Ali,
In my view as per section 53 of Mohaden law excluded the grandchildren from inheritance.
Please completely gothrough the below mentioned the case and you may get the answer.
Moola Cassim V/s Moola Abdul (1905) 33 Cal. 173 32 IA 177.
sanjeev murthy desai
(Expert) 23 June 2009
Dear Mohamed Ali,
In my view as per section 53 of Mohaden law excluded the grandchildren from inheritance.
Please completely gothrough the below mentioned the case and you may get the answer.
Moola Cassim V/s Moola Abdul (1905) 33 Cal. 173 32 IA 177.
Uma parameswaran
(Expert) 25 June 2009
As per Mohammedan law Orphaned grand Children are not entitle for any share in ther grand mother or grand fathers property .
