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imthiyaz (employee)     21 April 2009

Mohameddan law clarification

Dear All,
Need clarification,

 It is well known in Muslim law birth right is not recognised..

And also, It is very clear from Mohameddan Law Priciple of representation,That Orphaned grandchildren are not entitle for any share in their grand parents property if their father or mother had predeceased their father or mother.

My Question is, Here in our case,

 At the time of death of our grandmother only 2 daughters survived her, and her only Son had predeceased her,

One advocate told me, Since only daughters survived they cannot exclude the Grandson completely he will become as residuary, Hence two daughter will teake 1/3rd each and the remaining 1/3rd will go to Orphaned granchildren,

Hence i want know, Whether the 2 daughters survived can exclude these Orphaned Grandchildren (1 grandson and two grand daughters from the predeceased son) completely for inheritance.



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