Legal Question in Family Law in India

Dear Sir,

We are a Sunni family. My grandmother is Achee Saheba bibi and her mother name is Bibi Saheba Bibi.

Our grand mother's mother Bibi Saheba Bibi died in the year 1978, her only son B.Mohamed Ibrahim predeceased her in 1974, he has 2 childrens son B.Mohamed Khasim and daughter Shamsunissa, Only 2 daughters Achee Saheba Bibi and Aja Saheba Bibi survived their mother Bibi Saheba bibi .

Question: Bibi Saheba Bibi is entitle for some property from her father side, All her utrine brother and sisters are dead but their childrens are alive, Whether these Orphaned grand children B.mohamed Khasim and Shamsunissa are entitle for any share in their grand mother Bibi saheba bibi's property or they excluded from inheritance

We filed a declaratory suit seeking a declaration that only 2 daughters as legal heirs are entitled for share in their mothers property these orphaned grand children will not get any share in there grand mothers property, but the court has dismissed our suit saying 2 daughters are not entitled for full share but only for 2/3rd and the remaining 1/3 rd will go to these orphaned grand children as residuaries even though we had brought to the notice of court the even if 1/3 rd residues remains it will go to uterine relations of grand mother who are also sharers, however it was not the question in the suit it was to only declare that 2 daughters only are entitle to succeed in their mothers property, kindly clarify.


Asked on 3/24/13, 2:40 am

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