Plea for compulsory bequest to protect orphaned grandchildren under Muslim law

Senior High Court lawyer Siraj Karoly has urged the Law Commission to recommend a change in Muslim inheritance law to ensure that children whose parent dies before their grandparent are not left without a share in the grandparent’s property.

In a representation to the Commission, Mr. Karoly said the existing law could exclude such grandchildren from inheriting their grandfather’s property when the grandfather has surviving sons. The problem can be particularly serious when the deceased parent leaves behind minor children and a widow.

Muslim inheritance in India is governed by Muslim personal law under the Muslim Personal Law (Shariat) Application Act, 1937. Under the traditional Hanafi rule followed in India, when a son dies before his father, the children of the deceased son can be excluded from the grandfather’s inheritance if the grandfather has surviving sons.

This means that children who lose their father at a young age may not automatically inherit from their grandfather. They could be left without a share even if the grandfather owns substantial property.