Share of orphaned grandchildren

imthiyaz (Querist) 17 January 2009 This query is : Resolved

What is the position of Muslim law or Mohameddan law for orphaned granchildren in India ? In case of a Sunni hanafi family..

Here our case it is our grandmothers property in question, She has 1 son who is predeceased with 3 children, and two daughters who survived her?

whether Orphaned grandchildren are entitle for any share in their grand mothers property ? or they are entirely excluded by their aunts ie 2 daughters ?

One advocate told me that In Section 65 in Mullah's principles of Mohameddan law the big bible like book, it has been said that these orphaned grandchildren comes under residuaries hence they will get some share..

But Mohameddan law is not yet codified so where from this section 65 comes in this book and the Orphaned grandchildren are entirely excluded by the surving aunts or uncles.

Please clarify, whether orphaned granchildren gets any share in grandmothers property as per Mohameddan law in India?

Follow Query

Report Abuse