Is it fair under Muslim law that grandchildren inherit nothing?

My father passed away under unnatural circumstances, he was murdered in 1997 while my grandfather was still alive. I was a newborn at the time, and we are Muslims. I did not inherit anything from my grandfather's property because I was told that if a son dies while the grandfather is alive, the son’s children receive nothing. I only inherited the property my father purchased with his own money. My uncles and their children inherited everything. Is this based on Muslim law? If it’s not part of Indian law, I would like to challenge it in court, as it feels unfair.

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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 11 Mar 2025

Under Muslim personal law (Sharia), inheritance follows the principle of per stirpes, meaning that a predeceased son’s children do not inherit directly from the grandfather if the son passed away before him. Instead, the grandfather’s estate is divided among the surviving heirs (e.g., sons, daughters, spouse). However, under Indian law, you may challenge this by seeking a hissha (share) through wasiyat (will) or contesting under constitutional principles of equality. You may also explore Muslim inheritance reforms or argue for succession rights under general laws like the Hindu Succession Act (for certain groups) or legal precedents favouring grandchildren’s rights in other communities. For detail clarification, it would be advisable to contact the Lawyer.

Admin
Advocate By LEAD INDIA Answered: 28 Jan 2025

Sir, in Islamic inheritance law, grandchildren typically do not inherit from their grandfather if their father passed away before him. Instead, the property is usually passed on to the living male heirs but if you feel this is unfair or if you believe there is an issue with how your family’s property has been divided, you can consult with a family lawyer to explore legal options and possibly challenge the inheritance in court. For further legal assistance contact us on our helpline number.

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