Dear All,
It is well known principle of Mohameddan law that orphaned grandchildren are not entitle for any share in their Grandmother or Grand father’s property.
Here property in question is of grandmother, whose son has predeceased her with 2 orphaned grandchildren a grand son and a grand daughter, only two daughters survived the mother.
We filed (daughters) a declaratory suit against these orphaned grand children seeking a declaration that only 2 daughters alone entitled to succedd in left over properties of their mother and these orphaned grandchilden are not entitled for any share,
But the trial court has dismissed our suit saying the daughters are not entitle to succeed to the whole property of their mother they are entitled for only 2/3rd share and the remainig 1/3rd will go to orphaned grand children as they will come under residuaries as per Section 65 of Mullah's, Even though we had brought to the notice of the court that even if the 1/3 rd residue remains it will go to the other Sharers such the uterine relations of grand mother i.e her brothers and sisters if they are alive or their childrens not to these orphaned grand children. Kindly clarify, How to proceed now. Any Citation where onl;y daughters survived and the son had predeceased . will help.
Thanks and Regards
AliDear All,
It is well known principle of Mohameddan law that orphaned grandchildren are not entitle for any share in their Grandmother or Grand father’s property.
Here property in question is of grandmother, whose son has predeceased her with 2 orphaned grandchildren a dand a grand daughter, only two daughters survived the mother.
We filed (daughters) a declaratory suit against these orphaned grand children seeking a declaration that only 2 daughters alone entitled to succedd in left over properties of their mother and these orphaned grandchilden are not entitled for any share,
But the trial court has dismissed our suit saying the daughters are not entitle to succeed to the whole property of their m other they are entitled for only 2/3rd share and the remainig 1/3rd will go to orphaned grand children as they will come under residuaries as per Section 65 of Mullah's, Even though we had brought to the notice of the court that even if the 1/3 rd rsidue remains it will go to the other Sharers such the uterine relations of grand mother i.e her brothers and sisters if they are alive or their childrens. Kindly clarify, How to proceed now. Any Citation where onl;y daughters survived and the son had predeceased . will help.
Thanks and Regards
Ali
