Doctrine of return
imthiyaz
(Querist) 08 December 2012
This query is : Resolved
Our grandmother was survived by only 2 daughters and the only son had
predeceased her with a Orphaned grand son and grand daughter.
We Know that As per Principle of representation these Orphaned
granchildren are not entitled for any share unless there is bequest in
their name from grand mother.
Since dauughter is not etitled for more than 1/3rd as sharer in muslim law, 2 daughters are entitled
for only 2/3 rd share as Sharers, what will happened to the remaining 1/3rd share,
Will it return back to Sharers that is the 2 Daughters as per Doctrine of return or It will return back to Distant Kindreds Brorthers and sisters of grandmother if they are alive or their childrens.
Requesting Sir' /Madams/ Kindly reply ASAP
Thanks and regards
Imthiyaz
prabhakar singh
(Expert) 08 December 2012
All those relatives who are neither Quranic sharers nor male agnates and constitute the largest group within the context of inheritance. They are referred to as dhawu al-arham (or distant kindred). The majority view is that they are entitled to inherit when there are no residuaries and no sharers entitled to al-radd.
Therefore surplus if any shall return to daughters as per Hanafi school.
Raj Kumar Makkad
(Expert) 08 December 2012
I also second the advice already provided to you.
