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imthiyaz (employee)     19 January 2009

Can daughters exclude Orphaned grandchildren completely in absence of Son

As per Mohammedan law Orphaned Grandchildren are not entitle for any share in their grand mother or Grand fathers property.

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?

 
  Here in our Case, two daughters are excluding the orphaned grandchildren,


Is it anything different or only sons can exclude orphaned grandchildren completely.

 


  One advocate told me only surviving Son can exclude Orphaned grandchildren completely not daughters, If only daughters survived their mother as in our case they cannot excludethe orphaned grandchildren completely

According to him daughters will take 2/3rd only and remaining 1/3 will go to residuary who are orphaned grandchildren in our case, Is it right or Orphaned grandchildren can be excluded completely by their aunts also.


1)  Can Orphaned grandchildren's be completely excluded by their 2 aunts who survived ?  

 

2) Whether principle of representation changes if only daughters survived  their mother to exclude Orphaned grandchildren?



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