Share in muslim grandfather's property.
prince
(Querist) 28 June 2014
This query is : Resolved
We are sunni muslim. My father did 2nd marriage 3 years before leaving me and my mother at my wife's parents home.
Now my grand father died. Has 2 son and 1 daughter.
Can I or my mother claim share in my grandfather's property ?
Can I or my mother claim our share in my father's share which he got from his father ? (property not divided yet ).
Nadeem Qureshi
(Expert) 28 June 2014
Dear Querist
as per Muslim law you and your mother have no right in the property till your father is alive.
your father and his brother and sister and your grandmother will be the sharer of your grand father's property.
Feel free to call
T. Kalaiselvan, Advocate
(Expert) 28 June 2014
Section 61 in Chapter VII of the Mulla’s Principles of Mohammedan Law, postulates three classes of heirs,namely, (1) sharers, (2) residuaries, and (3) distant kindred. Sharers are those who are entitled to a prescribed share in inheritance, residuaries are those who take no prescribed share, but succeed to the ‘residue’ after the claims of the sharers are satisfied; and distant kindred are all those relations by blood who are neither sharers nor residuaries.
A “vested inheritance” is the share which, vests in an heir at the moment of the ancestor’s death. If the heir dies before distribution, the share of the inheritance which has vested in him will pass to such persons as are his heirs at the time of his death. The shares, therefore, are to be determined at each death.
There is no concept of ancestral property or rights by birth in the case of Muslim succession. The rights that a Muslim's heirs acquire upon his death are fixed and determined with certainty on that date and do not fluctuate.
