Legal Question in Real Estate Law in Pakistan

Q: My father expired on 6th Jan 2004; he had three son no daughter, my mother was also alive she passed away on 29th June 2009, my elder brother was expired on 20th May 1998 at that time my father was alive; later in the year after 5.3 months after the death of my elder son, my elder son's wife gave birth to a baby boy, they are claiming right to deceased property of my father. What are the rules Islamic, or non Islamic which are applicable, I wanted to help my nephew, knowing Islamic principles are not estbalishing right to grandson, how can I have agreement with the mother of my nephew as to me she dont have powers to become party with me. My concern is my nephew he is minor. Need detaild reply from all of you quality law consultants. Please help and advise appropriately in detail.

Best Regards,


Asked on 11/21/10, 11:22 pm

2 Answers from Attorneys
Salman Khan International Lawyer

the grandson has right in inheritance under Pakistan law and according to one of the schools of islamic law, he will get the share which your brother would have inherited. You can not usurp it anyway.

Regards,

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Answered on 11/22/10, 3:19 am

later in the year after 5.3 months after the death of my elder son, my elder son's wife gave birth to a baby boy?

I cant understand above line from ut question . what do u want to say. id u r talking about ur nephew and here u r saying about ur son and son wife ?

please resubmit ur question .

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Answered on 11/22/10, 7:00 am


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