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Mohamed Ali (employee)     12 June 2018

Mohammedan law

In our partition Suit.. Grandmother survived by only 2 daughters, who are also dead, one daughter survived by a Son and other daughter's son also died and survived by 2 daughters and only son predeceased her with predeceased sons Son and daughter.. Please determine the shares of Grandson, Grandson's 2 daughters and predeceased sons children as per Sunnni hanafi law As per Hanafi law 2 daughters are entitled for 2/3rd share jointly as sharers and predceased Sons and daughter are entitle as residuaries for remaining 1/3rd. Question: One of the daughter Son also died and he is survived by only 2 daughters and no Male child, Since Sunni law is male dominant, How the share allotment changes ? For example..A grand mother Mubeen since dead survived by 2 daughters Afreen and samreen , Afreen since dead and survived by her heir a son Afsar and Samreen survived by son Rafeeq who also died and survived by 2 daughters simran and Kamran and Children of predeceased Son namely Azhar and sameena 

 

Please  share the details of shares of all the parties..i.e daughters' Son , Daughter's Son's daughters and predeceased son's children..

 

Thanks

Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp



Learning

 1 Replies

srishti jain   20 July 2021

As per your query,

If a Muslim male dies leaving behind a widow and children, then the widow takes 1/8, and the residue (i.e., 7/8) goes to children. If he dies leaving behind a widow and no child, then the widow takes 1/4. If he dies leaving behind more than one widow, then 1/8 (when there are children), or 1/4 (when there are no children), is distributed among them equally.

The position of father as an heir may be discussed under the following circumstances: 

  • Where the deceased had left children, the' father takes 1/6 share. 
  • Where there are no children (or child) or agnatic descendants, the father and, in his default, the grandfather, takes as a residuary, 
  • Where a Muslim dies leaving behind a mother, and a father, the mother takes 1/3 as a sharer, and the father takes 2/3 as residuary, 
  • In certain circumstances, the father may take in a dual capacity, as a sharer and as residuary.

Mother takes 1/3 where there are no children, and she takes 1/6 where there are children.

 The daughter takes a share in the estate, of the deceased parent when there is no son, when once she takes 1/2: when two or more, all of them together take 2/3.

The sister is a sharer. One sister takes 1/2 share; two or more take 2/3.

 It should be noted that Six sharers inherit as residuary in certain circumstances. These are (a) the father, (b) true grandfather how high so ever, (c) daughter, (d) son’s daughter, (e) full sister, and (f) consanguine sister.

 

Hope it helps,

Regards,

Srishti


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