A Sunni hanafi Muslim partition suit was decreed,
In case of one daughter case who is also a decree holder, died before
Final decree proceedings application filed, Her LR's were brought on record in
still pending Final decree proceedings,
She has 2 daughters and 1 son who has predeceased her with 3
daughter has expired, She had 2
childrens both Sons out of whom only one Son is alive was brought on record ,the other Son has died
with no heirs.
daughter is still alive and is on record as LR of decree holder.
grandchildren through predeceased son will be striked out from record so no
question of they getting share.
So only two people
will be left out on record in the pending Final decree proceedings as LR’s of
Decree holder ie The 2nd daughter and the Grand son (ie son of the other daughter)
If for example 1 rupee comes as a share
as per decree to decree holder, She is a female, how it will be divided according to Sunni
hanafi Muslim law, between surving daughter and grandson through (elder daughter
of the decree holder).
1) Whether the Share of decree
holder will be equally divided between Daughter and grandson of decree holder,
or the Daughter who is nearer in decree, to the decree holder will get more
share than the grand son as per Muslim law ,
Please take 1 rupee as share of decree holder to be divided between LR's to