Lr application

Mohamed Ali (Querist) 12 March 2021 This query is : Resolved
Dear All,

Aware of position of LAW in Sunni Hanafi, predeceased son /daughters children..

As her son predeceased her, For the sole purpose that her grand children will be deprived of their father share , Grandmother has executed a registered consented(Consent given by uncle i.e surving son of grand mother)) will to grand children that 50 percent of her share must go to Orphaned grand children

Thanks and Regards

Ali

Dear All,
We are sunni muslim hanafi family,
Our grandmother had 2 children my father and uncle, My father has predeceased his mother and my uncle only survived his mother..
My grandmother as Plaintiff is entitled for 1/3 rd in 1/0 th share in her mothers property, for which a partition suit is pending in Final decree proceedings,
The suit is decree 30 years back in which her mother was entitled for 1/10th share as per decree. ..
Now we want to bring legal heirs of predeceased son ( i.e my father on record) ( i.e me and my sister) for which my uncle or his children have no objection, Can other defendants who are (children or grand children's of my great grand mothers brothers or sisters) who are also parties to the Final decree proceeding object to our LR Application,

As it is concerned only with share our grandmother which is related to our branch only not anyone else..

Can we file LR application if there is no objection from our uncle or his children and moreover our grand mother has executed Consent will t(Consent of our uncle) that 50 percent of her 1/3rd share goes to her predeceased sons children.

Thanks and Regards Ali

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Guest (Expert) 12 March 2021
Basing on your earlier documents and other present proofs better apply for an fresh Succession Certificate in concerned Court which would confirm the Legal Rights. Discuss in detail with an Local Advocate.

P. Venu (Expert) 12 March 2021
To my knowledge, under Muslim Law, the property opens up for inheritance only after death. In other words, nobody can be the heir of a living person. Your father had predeceased the grandmother. As such, he was not a legal heir.

So also, The Muslim Laws of Inheritance does not recognize the Doctrine of Representation because, under Muslim Law, the nearer excludes the remoter. In simple words, if there are two heirs who claim the inheritance for a common ancestor, the heir who is neared to the deceased will exclude the remoter.

kavksatyanarayana (Expert) 12 March 2021
Yes. If an heir lives even after the death of the ancestor, he becomes a legal heir and is therefore entitled to a share in the property. However, if the apparent heir does not survive his ancestor, then no such right of inheritance or share in the property. So discuss with the local lawyer in detail.
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Guest (Expert) 13 March 2021
Recently up holding the Rights of Muslim Women the Allahabad High Court said " Women Can Not remain at the patriarchal set up held under the clutches of sundry clerics having their own interpretation of the Holy Quran. Personal Law of any Community can not claim Supremacy over the Rights granted to individuals by the Constitution" the Court said

Guest (Expert) 13 March 2021
Legally an Widow is entitled to get a share out of her husband's property but she has no right to claim partition. She would get her share as Class 1 Legal Heir when the Partition of Ancestral Property gets affected.