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renuka (abc)     08 January 2013

Hanafi law/muslim law

Dear All,

As we know Orphaned grandchildren are not entitled for any share in grandparents property they are excluded by their uncles and aunts, irrespective if there are only uncles or only aunts.

Is there any exception to this principle of mohameddan law.

As i read in HAnafi law. It will have been seen that the daughter, though nearer in degree does not exclude the brother's son or his son. Thus if the surviving relations be a daughter and a brothers son, the daughter takes 1/2 and the brothers son take the residue 1/2 half.  It further says "within the limits of each class of heirs, the nearer in degree excluds the more remote." Kindly clarify is there any exception to Principle of Represenataion of Mohameddan law, if only daughters survived and their is orphaned grandson.

Regards Renuka



 2 Replies

Tajobsindia (Senior Partner )     08 January 2013

The situatin for orphaned grand child is as above only. Hence there is no exception to this principle of Mohameddan Law in reference to context.
Reason being resistence to codify Muslim laws in
India and/or will of India Courts and/or will of  Legislatures.

renuka (abc)     08 January 2013

Sir, You mean to say, If only daughter / daughters survived also their mother, then also predeceased son's son will not get any share he will be excluded from inheritance.

Irrespective of only daughters surviving the ancestor once a person predeceased his story end there and then, only way out to get a share for Predeceased son's son is wasiyat /will upto 1/3 rd share from his grandparents, no other way out for them to get a share.

 

rgds

renuka


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