Dear Ghamidi Sb., AOA,
I have a question. Zaid dies, had no children. His wife had died earlier. He had 4 brothers and 3 sisters - out of which 2 brothers and 1 sister died before him. Question is: will the kids of these 2 brothers and 1 sister get a share in the inheritance? Is it correct that according to Hanafi Shariya, there is no share for these kids? Pakistan family ordinance 1961 mentions yateem grandchildren but does not mention in case of brothers/sisters. Text follows for the ordinance. Succession act 1925 section 44, 45 list a case for brothers, sisters but not sure if it applies to Muslims?
1. Short title, extent, application and commencement.– (1) This Ordinance may be called the Muslim Family Laws Ordinance, 1961. (2) It extends to the whole of [the Punjab], and applies to all Muslim citizens of Pakistan, wherever they may be. ..
4. Succession.– In the event of the death of any son or daughter of the propositus before the opening of succession, the children of such son or daughter, if any, living at the time the succession opens, shall per stirpes receive a share equivalent to the share which such son or daughter, as the case may be, would have received if alive.
PART V Intestate Succession CHAPTER I PRELIMINARY 29. Application of
(1) This Part shall not apply to any intestacy occurring before the first day of January, 1866, or to the property of any Hindu, 1 [Muslim], Buddhist,
Sikh or Jaina. (2) Save as provided in sub-section (1) or by any other law for the time being in force, the provisions of this Part shall constitute the law of 2
[Pakistan] in all cases of intestacy. 1Sub. by F.A.O., 1975, Art. 2 and Table, for "Muhammadan". 2 Subs. by the Central Laws (Statute Reform)
Ordinance, 1960 (21
27. Persons held for purpose of succession to be similarly related to deceased. For the purpose of succession, there is no distinction___ (a) between those who are related to a person deceased through his father, and those who are related to him through his mother; or
44. Where intestate's father dead and his mother, a brother or sister, and children of any deceased brother or sister, living. If the intestate's father is
dead but the intestate's mother is living, and if any brother or sister and the child or children of any brother or sister who may have died in the intestate's lifetime are also living then the mother and each living brother or sister, and the living child or children of each deceased brother or sister, shall be
entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate' s death. Illustration
A, the intestate, leaves his mother, his brothers John and Henry, and also one child of a deceased sister, Mary, and two children of George, a deceased brother of the half blood who was the son of his father but not of his mother. The mother takes one-fifth, John and Henry each takes one-fifth, the child of Mary takes one-fifth, and the two children of George divide the remaining one-fifth equally between them. 45. Where intestate's father is dead and his mother and children of any deceased brother or sister living. If theintestate's father is dead, but the intestate's mother is living,and the brothers and sisters are all dead, but all or any of them have left children who survived the intestate, the mother and the child or children of each deceased brother or sister shall be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate's death.
A, the intestate, leaves no brother or sister, but leaves his mother and one child of a deceased sister, Mary, and two children of a deceased brother, George. The mother takes one third, the child of Mary takes one- third, and the children of George divide the remaining one third equally between them.
Salam. When a person dies leaving behind only a few brothers and sisters while others have died, the surviving brothers and sisters and the children of the dead brothers and sisters shall get the share of the wealth of the deceased. That's our position.