Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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imthiyaz (employee)     19 January 2009

Can daughters survived exclude Orphaned grandchildren completely ?

As per Mohameddan law Orphaned Grandchildren are not entitle for any share in their grand mother or Grand fathers property.

Here our case it is our grandmothers property in question,

She has 1 son who is predeceased with 3 children, and two daughters who survived her?

 
  Here in our Case, two daughters are excluding the orphaned grandchildren,


Is it anything different or only sons can exclude orphaned grandchildren completely.

 


  One advocate told me only surviving Son can exclude Orphaned grandchildren completely not daughters, If only daughters survived their mother as in our case, he told daughters will take 2/3 rd and remaining 1/3 will go to residuaried who are orphaned grandchildren in our case, Is it right or Orphaned grandchildren can be excluded completely by their aunts also.


1)  Can Orphaned grandchildren's be completely excluded by their 2 aunts who survived ?  

 

2) Whether principle of representaion changes if only daughters survived  their mother to exclude Orphaned grandchildren?

 



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