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Mohamed Ali (employee)     01 June 2011

Residuaries

As per Mohameddan law "Principle of representatation" Predeceased son's children i.e his Sons or daughters will not get any share in their grand parents property , only way out for them is grand parents has to make a will and reserve 1/3rd share to their grandchildren if not they will be completely excluded.

 

Here in this case the property in question is of the mother, only 2 daughters survived their mother and the only son had predeceased his mother with a Son ie orphaned grandson.

 

example: A -(grandmother), Survived by two daughters B and C and the only son D predeceased A with a  son E, now whether this orphaned grandson E can claim in residuary category. or he will be completly excluded by the aunts B and C.

Here the survived relations are only daughters(as in islamic law daughter cannot get more than 1/3rd share, here two daughters only survived their mother  and the only son predeceased with a Son),
 then whether Oprhaned grandson can claim in residuary category for the remaining 1/3rd share,or he will be completely excluded by the surviving AUNTS,   if so what about the left over 1/3 rd left over share.



 



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