Hello,
My father passed away recently, leaving my mother, my sister and myself. My father's father who is 80 years old is still alive. My father has two siblings - a younger brother and a younger sister. My father did not leave any will. He was employed with the UAE government. Since he was still in service at the time of his death, he is eligible to receive severance payment from his employers. He also has properties and bank deposits in India.
I was told that according to Muslim Personal Law, when a Muslim man dies intestate, his assests should be used for:
- Funeral Expenses
- Settling his debt
- Execute his will (if any)
- Remainder should be distributed among relatives according to Shariat Law
I have a clarification with regards to point 4. Will my grandfather be eligible to receive inheritance from my father's property? If yes, is there a way to circumvent this?
A lawyer that I consulted told me that to approach the court for a succession certificate. He asked me to make my mother the applicant and my sister and I as respondents in the petition and to exclude my grandfather in the petition. He told me that if my grandfather or my father's siblings didn't contest the petition, the court will issue a succession certificate in the name of my mother, my sister and me.
Is this correct? Can such a succession certificate be challenged later at a higher court?
Appreciate your help in this.
Regards,
Amos.
