Inheritance of children of dead mother in islam
Sameer
(Querist) 29 May 2012
This query is : Resolved
My query is as follows-
My Maternal Grandfather ( Nana ) has three Childrens - 2 Sons and 1 Daughter.
Now if the Daughter Dies prior to the Maternal Grandfather ( Nana ) then in any case the Children of the Deceased Daughter will get any share in Inheritance?
I mean will the Children of the Dead Daughter have any right in Inheritance or not?
Or will they get the Share of their Mother ( Already Dead ) and then distibute among themselves as per Shariah?
I hope you got my question.
Waiting for your preciuos opinion asap.
May Allah SWT Bless you.
Adv.R.P.Chugh
(Expert) 29 May 2012
Dear Mr.Sameer,
There is no 'representation' in Islamic Inheritance law, when the daughter dies - her children no longer represent her and are automatically ousted from inheritance.
This is also a direct effect of the rule 'nearer excludes latter' now since nana's other children are alive - a predeceased child's children - are ousted.
Reform in this regard is required - to make the law more equitable.
Shonee Kapoor
(Expert) 30 May 2012
I concur with the opinion of Ld. Chugh.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
