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Inheritance of predeceased son from father
17-Feb-2025 (In Muslim Law Law)
My father died 10 years before my grandfather. My grandfather died last year without any will. Now my uncle is saying that I don't have any property right from my granfathers property. We are sunni muslim What are the option available for me.
In Sunni Islam, the rights of a grandson in his grandfather's property are governed by the Islamic laws of inheritance, which are based on the Quran and the Hadees (Hadith),
Key Principles :
1. Farz (Mandatory Share): The Quran specifies the shares of certain relatives, including children, parents, spouses, and siblings.
2. Tasib (Residual Share): After allocating the mandatory shares, the remaining property is distributed among the residual heirs, including grandchildren.
Grandson's Share:
1. Son's Son : If the grandson's father is deceased, the grandson inherits a share from his grandfather's property.
2. Share : The grandson's share is typically 1/6th of the grandfather's property, but this can vary depending on the presence of other heirs.
Conditions:
1. Father's Death : If the grandson's father is alive, the grandson does not inherit directly from his grandfather.
2. Grandfather's Will : Islamic law allows individuals to make a will, but it must not exceed 1/3rd of the estate.
3. Other Heirs : The presence of other heirs, such as the grandfather's children, parents, or spouses, can affect the grandson's share.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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