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Mohamed Ali (employee)     02 December 2009

Please help urgent..

It is well known principle of Mohameddan law that orphaned grandchildren are not entitle for any share in their Grandmother or Grand father’s property.


Here property in question is of grandmother, whose son has predeceased her with three orphaned grandchildren, only two daughters survived the mother.


But our opposition lawyer has posted the below extract from tables of Sunni-law and our Interlocutory application got dismissed in the trial court.


Residuaries: If there are no sharers, or if there are sharers but there is a residue left after satisfying their claims, the whole inheritance as the case may be devolves upon residuaries.


“The daughter cannot inherit share when there is a son but if the heirs be a daughter and a son’s son, the daughter as a sharer will take ½ and the son’s son as a residuary will take remaining ½, as same, if there are two daughters, sons son and sons daughter,

 two daughters get 2/3 rd share, sons son get 2/3rd share of 1/3rd i.e. equal to 2/9th share and sons daughter will get 1/3rd of 1/3rd share i.e. equal to 1/9th share as a residuary”


But In the above extract Para there is no where mentions that he is Predeceased Son’s son and also here there are sharers as two daughters survive their mother the only son has predeceased her.


As per Sharia law / Mohammedan law only heirs who are alive at the time of their ancestor death they are are only ones who are entitle for share in their ancestor property not the ones who predeceased him or her



My Question:


1)      Do the orphaned grand children fall into residuary category?


2)      Or They will be completely excluded from Inheritance by their Aunts who survive their mother the decree holder as per Principle of representation of Mohameddan law?


3)      Do we approach high court thru Writ petition  that orphaned grandchildren are not entitle for any share ?



 2 Replies

aruna (ssr)     05 December 2009

my name is aruna  and am married since 15years till today since i married against my parents wishes my parents have not helped me in any way financially and now i m in lot of problem financially since my husband is not working and i m the only one earning since 15 years.I cannot handle this now and am very tired.Sometimes I feel like suiciding i am not able to manage I am tired I approached my parents but they said they will not help me in any way and my mother in law side also are no gud

Please help me

S.B.adil rahman (Legal Consultant )     05 December 2009

Dear Mr. Ali.

It will be better if you obtain the fatwa from Sunni School of Islamic laws. You can approach Deoband or nadwa or Phulwari sharif. You will get the addressed on web sites. Isalmic laws of inheritence are most complicated laws. Mullahs Mohammedan law may guide you also.

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