Muslim law
renuka
(Querist) 08 January 2013
This query is : Resolved
Dear All,
As we know Orphaned grandchildren are not entitle for any share in grandparents property they are excluded by their uncles and aunts, irrespective if there are only uncles or only aunts.
Is there any exception to this principle, As i read in Hanafi law.
it will have been seen that the daughter, though nearer in degree does not exclude the brother's son or his son. Thus if the surviving relations be a daughter and a brothers son, the daughter takes 1/2 and the brothers son take the residue half.
It further says "within the limits of each class of heirs, the nearer in degree excluds the more remote."
Kindly clarify is there any exception to Principle of Represenataion of Mohameddan law, if only daughters survived and their is predeceased son's son.
The only way out for predeceased son's son to get a share is a will from granparents in his name of upto 1/3rd share, right, no other way out for him to get a share in grandparents property.
Regards
Renuka
Raj Kumar Makkad
(Expert) 08 January 2013
Your same discussion has already taken place two times in this section so refer to those replies.
