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Amosighar (Owner)     22 March 2012

Succession certificate & muslim inheritance

Hello,

My father passed away recently, leaving my mother, my sister and myself. My father's father who is 80 years old is still alive. My father has two siblings - a younger brother and a younger sister. My father did not leave any will. He was employed with the UAE government. Since he was still in service at the time of his death, he is eligible to receive severance payment from his employers. He also has properties and bank deposits in India. 

I was told that according to Muslim Personal Law, when a Muslim man dies intestate, his assests should be used for:

  1. Funeral Expenses
  2. Settling his debt
  3. Execute his will (if any)
  4. Remainder should be distributed among relatives according to Shariat Law

I have a clarification with regards to point 4. Will my grandfather be eligible to receive inheritance from my father's property? If yes, is there a way to circumvent this? 

A lawyer that I consulted told me that to approach the court for a succession certificate. He asked me to make my mother the applicant and my sister and I as respondents in the petition and to exclude my grandfather in the petition. He told me that if my grandfather or my father's siblings didn't contest the petition, the court will issue a succession certificate in the name of my mother, my sister and me. 

Is this correct? Can such a succession certificate be challenged later at a higher court?

Appreciate your help in this.

Regards,

Amos.



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     22 March 2012

Dear Querist,

After taking out the expenses you've aforementioned - following shares would be culled out

 

Grandfather - 1/6th

Mother - 1/8th

Rest 29/48 - would go to children - with sons taking double the share of daughters. 

 

As regards excluding your grand-father - No matter who you make the party - the court would still summon the quranic heirs - and invite objections and if your grand-father objects - you'd have to give him the share. 

1 Like

Amosighar (Owner)     22 March 2012

Hello Adv Chugh,

Thank you for your reply. 

I thought that once the petition is filed, there will be a notification published in the gazette and a newspaper ad that we are supposed to release. Will there be a separate enquiry conducted by the court to ascertain the veracity of the petition and the actual quranic heirs?

Regards,

Amos

awedil   16 May 2018

No separate enquiry is required since you�ve already published in newspaper inviting objections if in case anyone is interested to contest and oppose your claim. The only requirement is that you�ve to make out a Prima Facie case with regard to right and entitlement in the estate left behind by the deceased.

awedil   16 May 2018

No separate enquiry is required since you�ve already published in newspaper inviting objections if in case anyone is interested to contest and oppose your claim. The only requirement is that you�ve to make out a Prima Facie case with regard to right and entitlement in the estate left behind by the deceased.

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