‘A’ Mohammedan had two sons B & C. B dies during A’s life time leaving several children. When ‘A’ dies the children of ‘B’ and ‘C’ claim succession to ‘A’s property – Advise ‘C’.

Facts of the Case

A, a Muslim male, had two sons, B and C. During A’s lifetime, B dies leaving several children. Upon the death of A, the question arises as to succession to A’s property. B’s children claim a share in A’s estate as grandchildren, along with C, the surviving son. The issue concerns inheritance under Sunni Muslim Law, specifically whether the children of a deceased son can inherit from the grandfather in the presence of a surviving son, and the distribution of A’s property among his heirs.

Issues in the Case

1. Whether the children of B are entitled to inherit A’s estate when B predeceased A.
2. The rights of C, the surviving son, as a residuary heir (Asaba) under Sunni Muslim Law.
3. Whether grandchildren inherit by representation under Sunni law, or only under Shia law.
4. How A’s estate should be distributed between surviving son C and the children of predeceased son B.

Legal Principles Covered to Support Case Proceeding and Judgements

• Sunni Muslim Law: In Sunni law, children of a deceased son do not inherit from the grandfather if a son of the deceased (A) is alive. The doctrine of Asaba (residuary heirs) applies, and the property passes to the surviving son (C). Grandchildren (children of B) are not entitled to inheritance in this scenario.
• Shia Muslim Law: In contrast, Shia law allows representation, where children of a deceased son may inherit their father’s share.
• Legal References:
  • Mulla’s Principles of Mohammedan Law, Section 73 & 76 – Grandchildren do not inherit in Sunni law if direct son survives.
  • Indian courts, in Mohd. Ishaq v. Mohd. Ibrahim (AIR 1961 Cal 218), affirmed that only surviving sons take the estate, and grandchildren cannot claim.
• Contract Law Analogy: Succession can be seen as a quasi-contractual obligation of the estate to distribute among eligible heirs; entitlement is governed by personal law rules, similar to contractual rights being enforceable only by intended beneficiaries.

Possible Judgement

The court would likely advise:

1. C, the surviving son, inherits the entire estate of A under Sunni Muslim law.
2. The children of B have no claim on A’s property because representation is not recognized under Sunni law.
3. If the estate includes any specific bequests (Wasiyyat) left by A for grandchildren, those may be considered, but the residuary estate passes to C entirely.
4. This ruling aligns with Sunni inheritance rules, ensuring that the closest male residuary heir (C) succeeds to the property.

Key Principle: Under Sunni Muslim law, grandchildren of a predeceased son do not inherit from the grandfather if a surviving son exists; the surviving son inherits the estate.

Mnemonic to Remember – “S-G-R”

• S – Sunni law does not allow grandchildren in presence of surviving son
• G – Grandchildren of predeceased son cannot claim
• R – Residuary heir (Asaba) C inherits the entire estate

Hence, C, the surviving son, is entitled to the entire estate of A, and the children of B cannot claim succession under Sunni Muslim law.

About lawgnan:

Understand the inheritance rights of grandchildren under Sunni Muslim law with a detailed analysis at Lawgnan.in. Discover how the doctrine of Asaba governs succession and why grandchildren of a predeceased son cannot claim a share when a surviving son exists. Explore key sections from Mulla’s Principles of Mohammedan Law and landmark cases like Mohd. Ishaq v. Mohd. Ibrahim (AIR 1961 Cal 218). Lawgnan explains how Sunni and Shia laws differ on the rule of representation and helps law students, scholars, and practitioners interpret Muslim inheritance principles with clarity and precision.