Mohamed Ali (employee) 04 January 2009

What will be the share as per Sunni hanfi Muslim law ?

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 childrens.

1) Elder 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.

2) Younger daughter is still alive and is on record as LR of decree holder.

3) Orphaned 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)

Question:

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 explain..

Reply Follow

3 Replies

AEJAZ AHMED (Legal Consultant/Lawyer) 04 January 2009

DEAR MR. MOHAMMED,

The Present Case is pendig for FINAL DECREE PROCEEDINGS , in which Your Gradmother was one of the claimant,

POINT TO BE REMEMBER:

{PRILIMINARY DECREE IN THE MAIN CASE IS PASSED AND SHARES OF THE PLAINTIFFS AND DEFENDANTS ALREADY AWARDED AS PER THE PRAYER OF THE PLAINTIFFS}

Your Grandmother Expired Leaving behind Two Daughters:

Afterwards:

Her two daughters brought on Records as Legal heirs of you Grandmother;

So, the claim of above two daughters in the present suit was for EQUAL SHARE against their mother's claim, i.e. { Elder Daughter = 1/2 share & Younger Daughter = 1/2 share };

Now, after the death of Elder Daughter, her only lIVING SON brought on record against the CLAIM OF HER MOTHER { i.e 1/2 of the share of her Mother in Grandmother claim}

Therefore, now the Claim of Younger Daughter and son of Elder Daughter will be as follows:

Younger Daughter : 1/2 Share in the Claim of her Mother

Son of Elder Daughter: FULL SHARE Share Of his mother's Claim against the claim of her Mother.

Y D {1/2} + Son/E D {1/2} = 1 Share of Grandmother.