Muslim law
renuka
(Querist) 29 December 2012
This query is : Resolved
Dear All,
I have question,
A sunni muslim family in india, How the grandmother estate will be divided in this case, a she is survived by only one daughter and and her only son had predeceased her with a grandson and a grand daughter.
As i read in Residuaries Section:65, Mullah, If one daughter survived her share will be half and rest is shared in 2:1 ratio between grandson and grand daughter, whether orphaned grandchildren are residuaries if only a daughter survives, pls clarify.
and in one place in section 53 Mullah principle of representation, he says Orphaned granchildren are not entitle for any share in grand parents property. Kindly clarify. is there is any expection to this above principle, when only daughter survives, if not what will happen to remaining 1/2 share. Pls answ asap.
Regds
Renuka
Khaleel Ahmed
(Expert) 30 December 2012
section 53 Mullah principle of representation, he says Orphaned granchildren are not entitle for any share in grand parents property is obsolutely correct.
In your case grand mother's daughter will get 2/3rd share in the property left by her and remaining 1/3 rd will be given to grand mother Quranic heirs.This all will be done after the payment of debts by the grand mother , if she willed any property up to 1/3 rd of her total property and payment of her burial expenditure etc.
renuka
(Querist) 30 December 2012
Thanks Sir,
But you have not answered one part of my question, I am pasting below,
Is he discussing about Orphaned grandchildrens under residuaries section, if not why he is saying brothers son share will in the remaining after the daughters takee their fixed share.
As i read in Residuaries Section:65, Mullah, If one daughter survived her share will be 1/2 of the total estate not more thant that, and the rest is shared in 2:1 ratio between grandson and grand daughter, whether orphaned grandchildren are residuaries if only a daughter survives, does the orphan grandson comes under residuaries since no other son of grandmother pls clarify.
thanks
Raj Kumar Makkad
(Expert) 01 January 2013
Renuka! Section 65 & 53 have application at different situations. according to section 53, the orphaned grand children of a Muslim are not entitled for any share but this section is not limited to only this issue rather it is to be read with other situations like how to distribute the properties in many situations.
Anyway, section 65 is applicable in your case wherein if a sole daughter is left by a Muslim then she shall be entitled to 1/2 share and rest shall be distributed in the share of 2:1 among all orphaned grand sons and daughters.
