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renuka (abc)     29 December 2012

Muslim law

Dear All,

I have question,

 

A sunni muslim family in india,  How the grandmother estate will be divided in this case, a she is survived by only one daughter and and her only son had predeceased her with a grandson and a grand daughter.

As i read in Residuaries Section:65, Mullah, If one daughter survived her share will be half and rest is shared by in 2:1 ratio beetween grandson and grand daughter, 

and in one place in section 53 Mullah, he says Orphaned granchildren are not entitle for any share in grand parents property. Kindly clarify. is there is any expection to this above principle, when only daughter survives, if not what will happen to remaining 1/2 share. Pls answ asap.

Regds

Renuka



Learning

 2 Replies

Chetan Joshi (Advisory/Advocacy)     29 December 2012

Renuka, the surviving daughter will get half...Rest i.e half will go to Grand children (residuary) and the grandson's share will be double to that of daugther i.e 2:1...

 

Can't find a citation right now

 

 

Thanx

 

Chetan(dot)7679at(gmail)(dot)com

Chetan Joshi (Advisory/Advocacy)     29 December 2012

 

In this case it seems that they are kinda lucky to get a big chink as residuary else it would have been taken be the primary (class I ) heirs.....


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