Grandchildren Are Excluded From Muslim Man’s Estate Only If He Has Surviving Sons And Daughters: Delhi High Court

The Delhi High Court clarified that as per Muslim Law, the grandchildren were excluded from the estate of the grandfather only if he had other surviving sons and daughters.

The Plaintiff’s father was the only son and thus there were no other surviving sons and daughters.

The Bench of Justice Manmeet Pritam Singh Arora observed, “In the said judgment of the High Court, the Supreme Court judgment quoted at paragraph 12, which clarifies that where a Muslim man dies leaving behind surviving children and grandchildren of the predeceased child, the grandchildren of the predeceased child are excluded. And, the estate devolves upon the surviving children. This judgment of the Supreme Court explains that grandchildren cannot succeed if uncles and aunts are alive at the time of the demise of the grandfather.”

Case Brief

A suit was filed by the Plaintiffs for the estate of the grandfather. However, the Defendants contended that in Muslim Law grand-children do not inherit the estate of the grandfather. It was submitted that the father of the Plaintiffs passed away in 2014, while the grandfather died in 2021.

The grandfather had only one son, i.e. Plaintiff’s father, however, it was contended by the Defendants that the estate should devolve upon the legal heirs of his predeceased brothers.

Court’s Observation

The High Court while referring to a decision of the apex court said that where a Muslim man died leaving behind surviving children and grandchildren of the predeceased child, the grandchildren of the predeceased child are excluded. And, the estate devolves upon the surviving children. Hence, the grandchildren cannot succeed if uncles and aunts are alive at the time of the demise of the grandfather.

“However, in the facts of the case in hand, Mohd. Arif only had one son Mohd. Muneer and therefore on the date of his death in the year 2021, he had no other surviving children. Whereas he had grandchildren through his deceased son Mohd. Muneer. The plaintiffs (grandchildren) were the only surviving lineal descendants of Mohd. Arif on the date of his demise”, the Court observed.

Further, while relying on Mulla, the High Court clarified that the grandchildren are excluded only if the grandfather has other surviving sons and daughters.

Accordingly, the Court ordered to maintain status quo with respect to the suit properties.

Cause Title: Hamzah Muneer & Anr. V. Mohd Aqil & Ors

Appearance:

Plaintiffs: Senior Advocate Sanjeev Sindhwani, Advocates Jai Sahai Endlaw and Sagarika Kaul

Defendants: Advocates Gayatri Puri, Madhav Saraswat, Reshul Mittra, Jayant Chauhan and Mr. Yusuf

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