Maternal grand father property distribution
Sameer
(Querist) 18 March 2013
This query is : Resolved
Hello Sir/Madam.
We are a Muslim Family.
My Maternal Grand Father Expired leaving behind several properties without any will.
He has three Children - 2 Sons & 1 Daughter.
Now if the Daughter(My Mother) died before Our Maternal Grand Father, will the Children of Daughter get any share in Property.
Please advice.
Thanks & Regards
Sameer
Raj Kumar Makkad
(Expert) 18 March 2013
Children of predeceased son or daughter shall not be entitled to inherit the property of Muslim on his expiry as per Sharia law.
prabhakar singh
(Expert) 18 March 2013
As you mother predeceased her father you have no right of inheritance.
prabhakar singh
(Expert) 18 March 2013
Son or daughter of a predeceased son inherits ;
but son or daughter of a predeceased daughter does not ,
is the rule of your personal law of inheritance.
Raj Kumar Makkad
(Expert) 18 March 2013
son or daughter of a predeceased son of a deceased Muslim also do not inherit.
prabhakar singh
(Expert) 18 March 2013
TO HELL WITH A CONCEPTION LIKE ONE STATED HERE IN ABOVE BY ONE OF EXPERTS HERE!
WHAT I HAVE STATED IS THAT A DAUGHTER'S SON OR DAUGHTER'S DAUGHTER HOW LOW SO EVER CAN NEVER INHERIT THE ESTATE OF THE DECEASED IN ANY CONDITION.
BUT SON'S DAUGHTER HOW LOW SO EVER WOULD INHERIT THE ESTATE OF THE DECEASED IN MANY CONDITIONS WITH A SHARE OF 1/2(2/3 when they are more than one).
A son's daughter inherits when there is no(a)son,(b)daughter or (c)son's son.When there is only one daughter,the son's daughter(whether one or more)will take 1/6,if there be no son or son's son.With the son's son she becomes residuary)
Like wise a Son's son's Daughter also inherits 1/2(2/3 when they are more than one)when there is no(a)son,(b)daughter (c)son's son,(d)son' daughter,or son's son's son).
R.K Nanda
(Expert) 18 March 2013
no more to add.
prabhakar singh
(Expert) 18 March 2013
I INVITE ANY BODY TO AMEND ME IF I AM WRONG.
Raj Kumar Makkad
(Expert) 18 March 2013
Without commenting in taunting way and in highly aggressive way as some experts do every time, I humbly submit here under the relevant law:
Under Hindu law, the doctrine of representation is utilized for two purposes: (i) for determining the heirs, and (ii) for determining the quantum of share of an heir or a group of heirs. The per stripes rule means that where there are branches, the division of property takes place according to the stock, i.e., at the, places where branches bifurcate. Thus, suppose P dies leaving behind a son, s and grandson ss, who is a son of a predeceased son. By the application of the doctrine of representation, ss, representing his father, will be an heir and will take the same share which his father would have taken l).and he been alive. This means' that s will take 1/2 and ss will 1/2. Under the hanafi law, no aspect of the doctrine of representation is recognized, with the result that in the above illustration the son will take the entire property and no grandson will take any share. The result under the Shia law is also the same. But the Shia law recognized the doctrine of representation for the second purpose, viz., for determining quantum of shares in certain cases. For instance, if P dies leaving behind three grandsons, A, B and C from a son S, and two grandsons, X and Y from a predeceased son S1, and a grandson Q from a predeceased son S2, then the distribution of assets will take place not in accordance with grandsons, but in accordance with sons. In this example, the share of S, S1 and S2 will come to1/3 each. S's 1/3 will go to A, B and C each taking 1/9; S1's 1/3 will go to X and Y each taking 1/6 and S2's 1/3 will go to Q. Under the Hanafi law each grandson will take per capita, i.e., A, B, C, X, Y and Q, each will take 1/6 share in the assets. The doctrine of representation and the striptal succession for the purpose of calculating the shares of certam heirs is the basic principle of the Shia law and is applied throughout. This is not confined to descendants but is also applied to ascendants. Thus, the descendants for the deceased son, deceased uncle, deceased aunt, deceased daughter, deceased brother, deceased sister, if they are heirs, are all covered by the doctrine of representation. Similarly, the rule is applied to great grandparents who would take the same share which grand parents would have taken had they been alive. The father's uncles and aunts are also covered by the rule.
Raj Kumar Makkad
(Expert) 18 March 2013
Among the heirs the sharers are to be given their share first, and then the residue is to be distributed among the residuaries. In the absence of the sharers, the residuaries take the entire estate. In the absence of both the sharers and the residuaries, the estate devolves on the distant kindreds. In their absence, the estate goes to the State. . .
The peculiarity of the Muslim law of inheritance is that although the sharers are class I heirs and the residuaries are class II heirs, they together share the property. After shares have been allotted to sharers, the remaining property goes to the residuaries. Thus, if a Muslim dies leaving behind a mother, M, a son, 5, and a daughter's son, DS, then mother as sharer will take 1/6 and S will take the remaining 5/6 as residuary. DS will be totally excluded from the inheritance, since he is a distant kindred. There is only one case when a distant kindred inherits along with a sharer, viz., when the sharer is a husband or wife and there is neither any other sharer nor a residuary, then the distant kindred inherits along with the husband or the wife. Thus, if a Muslim dies leaving behind a widow, W, and full sister's son FSS (who is distant kindred), then W will take 1/4 as sharer, and the residue of the estate, namely, the 3/4 will go to FSS. .
Among the heirs of a class which one of them will take the estate, and in what portion, depends upon the circumstances of each case. The general rule of preference is that a nearer heir excludes a remoter one. Thus, if a Muslim dies leaving a son and a grandson (son's son or a son from a predeceased son), then son alone will inherit, and the grandson will be excluded, though both are residuaries. Similarly, if a Muslim dies leaving behind a father and a true grandfather, then the father alone will inherit an4 the true grandfather will be excluded, even though both are sharers. Among the residuaries the descendants are preferred over ascendants and collaterals, and ascendants a~ preferred over collaterals. Among the: collaterals, the descendants of a nearer ancestor are preferred over the descendants of a remoter ancestor. When all the heirs claiming property are equally near, they share equally with this rider that a male heir (generally) takes double the portion of a female heir. .When one is related to the deceased through another, one does not inherit as long as that another is alive. Thus, father excludes both a brother and a sister.
prabhakar singh
(Expert) 19 March 2013
Where does this print out proves me wrong.
Sameer
(Querist) 19 March 2013
I would like to thank all of you Veterans for your precious advice.
Although I have some doubts still but I will come back when I have more info regarding the same.
Take Care n GBU.
