{"id":6953,"date":"2024-07-10T07:44:37","date_gmt":"2024-07-10T07:44:37","guid":{"rendered":"https:\/\/al-mawrid.org\/questions-en\/2024\/07\/10\/do-the-children-of-the-deceased-siblings-inherit-from-their-childless-uncle\/"},"modified":"2025-11-16T21:48:52","modified_gmt":"2025-11-16T16:48:52","slug":"do-the-children-of-the-deceased-siblings-inherit-from-their-childless-uncle","status":"publish","type":"post","link":"https:\/\/al-mawrid.org\/questions-en\/do-the-children-of-the-deceased-siblings-inherit-from-their-childless-uncle\/","title":{"rendered":"Do the children of the deceased siblings inherit from their childless uncle"},"content":{"rendered":"

Question<\/h3>\n

Dear Ghamidi Sb., AOA,<\/p>\n

I have a question. Zaid dies, had no
\nchildren. His wife had died earlier. He had 4 brothers and 3 sisters –
\nout of which 2 brothers and 1 sister died before him. Question is: will
\nthe kids of these 2 brothers and 1 sister get a share in the
\ninheritance? Is it correct that according to Hanafi Shariya, there is no
\n share for these kids? Pakistan family ordinance 1961 mentions yateem
\ngrandchildren but does not mention in case of brothers\/sisters. Text
\nfollows for the ordinance. Succession act 1925 section 44, 45 list a
\ncase for brothers, sisters but not sure if it applies to Muslims?<\/p>\n

http:\/\/punjablaws.gov.pk\/laws\/777a.html<\/a>
Family Law:<\/p>\n

1.
\n Short title, extent, application and commencement.\u2013 (1) This Ordinance
\nmay be called the Muslim Family Laws Ordinance, 1961. (2) It extends to
\nthe whole of [2][the Punjab], and applies to all Muslim citizens of
\nPakistan, wherever they may be. ..<\/p>\n

4. Succession.\u2013 In the event of
\n the death of any son or daughter of the propositus before the opening
\nof succession, the children of such son or daughter, if any, living at
\nthe time the succession opens, shall per stirpes receive a share
\nequivalent to the share which such son or daughter, as the case may be, would have received if alive.<\/p>\n

http:\/\/sja.gos.pk\/assets\/BareActs\/SUCCESSION<\/a>ACT 1925.pdf<\/p>\n

PART V Intestate Succession CHAPTER I PRELIMINARY 29. Application of
Part.___<\/p>\n

(1)
\n This Part shall not apply to any intestacy occurring before the first
\nday of January, 1866, or to the property of any Hindu, 1 [Muslim],
\nBuddhist,
Sikh or Jaina. (2) Save as provided in sub-section (1) or
\nby any other law for the time being in force, the provisions of this
\nPart shall constitute the law of 2
[Pakistan] in all cases of
\nintestacy. 1Sub. by F.A.O., 1975, Art. 2 and Table, for \u201cMuhammadan\u201d. 2
\nSubs. by the Central Laws (Statute Reform)
Ordinance, 1960 (21<\/p>\n

27.
\n Persons held for purpose of succession to be similarly related to
\ndeceased. For the purpose of succession, there is no distinction___ (a)
\nbetween those who are related to a person deceased through his father,
\nand those who are related to him through his mother; or<\/p>\n

44. Where
\nintestate\u2019s father dead and his mother, a brother or sister, and
\nchildren of any deceased brother or sister, living. If the intestate\u2019s
\nfather is
dead but the intestate\u2019s mother is living, and if any
\nbrother or sister and the child or children of any brother or sister who
\n may have died in the intestate\u2019s lifetime are also living then the
\nmother and each living brother or sister, and the living child or
\nchildren of each deceased brother or sister, shall be
entitled to the
\n property in equal shares, such children (if more than one) taking in
\nequal shares only the shares which their respective parents would have
\ntaken if living at the intestate’ s death. Illustration
A, the
\nintestate, leaves his mother, his brothers John and Henry, and also one
\nchild of a deceased sister, Mary, and two children of George, a deceased
\n brother of the half blood who was the son of his father but not of his
\nmother. The mother takes one-fifth, John and Henry each takes one-fifth,
\n the child of Mary takes one-fifth, and the two children of George
\ndivide the remaining one-fifth equally between them. 45. Where
\nintestate\u2019s father is dead and his mother and children of any deceased
\nbrother or sister living. If theintestate\u2019s father is dead, but the
\nintestate\u2019s mother is living,and the brothers and sisters are all dead,
\nbut all or any of them have left children who survived the intestate,
\nthe mother and the child or children of each deceased brother or sister
\nshall be entitled to the property in equal shares, such children (if
\nmore than one) taking in equal shares only the shares which their
\nrespective parents would have taken if living at the intestate\u2019s death.<\/p>\n

Illustration
A,
\n the intestate, leaves no brother or sister, but leaves his mother and
\none child of a deceased sister, Mary, and two children of a deceased
\nbrother, George. The mother takes one third, the child of Mary takes
\none- third, and the children of George divide the remaining one third
\nequally between them.<\/p>\n

Answer<\/h3>\n

Salam. When a person dies leaving behind only a few brothers and sisters while others have died,
\n the surviving brothers and sisters and the children of the dead
\nbrothers and sisters shall get the share of the wealth of the deceased.
\nThat’s our position.<\/p>\n

Answered by:<\/strong> Mushafiq Sultan<\/p>\n

Date:<\/strong> 2017-07-05<\/p>\n