Right of grandson in property of grandpa in muslim law
Dinesh Dixit
(Querist) 03 July 2012
This query is : Resolved
Dear Expert,
MR. A has two wives. first is B (had two son's with her) and second is C.After divorce with fisrt wife i.e.B in court and maintance claim by her and Mr.A give regular Periodically maintance. After that, he get married with C.
Mr.A's father & mother had four son's (Mr.A is one of that) alive yet. In name of Mr.A's Paresnts (Father & Mother) had Property & business. Mr.A's first son at the age of 14 yrs, then my question is grandson can right claim in property of grandparents.
Please guide with reference to Muslim law in India
Thank you
Adv.R.P.Chugh
(Expert) 03 July 2012
No during the life of father - son does not have a right in the property of deceased grandfather. It is an established principle of Islamic Law - that nearer excludes the farer, and a if a person through whom one claims is alive then that person excludes the person who is tracing descent.