Mohamed Ali 12 March 2021

Lr application and succession

Dear All,

We are sunni muslim hanafi family, Our grandmother had 2 children my father and uncle, My father has predeceased his mother and my uncle only survived his mother..

My grandmother as Plaintiff is entitled for 1/3 rd in 1/0 th share in her mothers property, for which a partition suit is pending in Final decree proceedings, The suit is decree 30 years back in which her mother was entitled for 1/10th share as per decree.

.. Now we want to bring legal heirs of predeceased son ( i.e my father on record) ( i.e me and my sister) for which my uncle or his childrens have no objection,

Can other defendants who are (childrens or grand children's of my great grand mothers brothers or sisters) who are also parties to the Final decree proceeding object to our LR Application, As it is concerned only with share our grandmother which is related to our branch only not anyone else..

Can we file LR application if there is no objection from our uncle or his childrens and moreover our grand mother has executed Consent will t(Consent of our uncle) that 50 of her 1/3rd share goes to her predeceased sons children.

Thanks and Regards

Ali

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4 Replies

Shashi Dhara 12 March 2021

File application as lrs and draw FDP ,oppose the others who deny lrs.

P. Venu (Advocate) 12 March 2021

To my knowledge, under Muslim Law, the property opens up for inheritance only after death. In other words, nobody can be the heir of a living person. Your father had predeceased the grandmother. As such, he was not a legal heir.

So also, The Muslim Laws of Inheritance does not recognize the Doctrine of Representation because, under Muslim Law, the nearer excludes the remoter. In simple words, if there are two heirs who claim the inheritance for a common ancestor, the heir who is neared to the deceased will exclude the remoter.

Mohamed Ali 12 March 2021

Dear All,

Aware of position of LAW in Sunni Hanafi, predeceased son /daughters children..

As her son predeceased her, For the sole purpose that her grand children will be deprived of their father share , Grandmother has executed a registered consented(Consent given by uncle i.e surving son of grand mother)) will to grand children that 50 percent of her share must go to Orphaned grand children

THanks and Regards

ALi

P. Venu (Advocate) 13 March 2021

No definite suggestion is possible unless the alleged consent deed is perused. Anyhow, your uncle can gift the property to you honouring his word to the late mother. Under Muslim Law, it is not mandatory that the gift (Hiba) be registered.