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Mohamed Ali (employee)     06 October 2009

residuaries in Mohameddan law.


 As per Sunni Mohameddan law, Oprhaned grandchildren are not entitle for any share in their grand parents property.

 In Mullah's book, under 65A section,

 He has written some thing on Residuaries, that who are all considered as residuaries.

My question whether Orphaned grandchildren comes under residuaries..or they are completely excluded from inheritance by their surving aunts or uncles...



Learning

 2 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     06 October 2009

Dear Ali,

I think this Query already replied many times:

Islam does not deny [an] inheritance to "Grand-Children".  [However,] in certain circumstances he is excluded by a nearer heir.

So as per me in reply to your query:

"Orphaned Grand-Children" doesn't comes under residuaries but "Excluded" by their nearer heirs i.e "Aunts or Uncles".

Mohamed Ali (employee)     06 October 2009

 Dear Aejaz Sir,

As Mohameddan is very complex, U had cleared my doubt earlier, but opposition lawyer raised this question of residuaries, hence i clarified, Very grateful for ur response...

 


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