Plea for compulsory bequest to protect orphaned grandchildren under Muslim law
A senior lawyer has petitioned the Law Commission to amend Muslim personal law in India to allow orphaned grandchildren to inherit from their grandparents. The proposal suggests a 'compulsory bequest' mechanism to ensure children of predeceased parents receive a share of the estate.
Why it matters
This addresses a significant legal gap that can leave vulnerable minors without financial support, sparking a debate on balancing religious law with social welfare.
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.
Get smarter about the news
Sign up free for a feed built around what you actually care about, Dive Deeper research on any story, and the full text of every article.
Create free accountAlready have an account? Sign in