In a recent judgment, the Delhi High Court clarified that under Muslim personal law, grandchildren are excluded from inheriting their deceased grandfather’s estate only if he is survived by a living son or daughter. In circumstances where there are no surviving children, grandchildren who are lineal descendants cannot be denied their inheritance.

Facts:

The dispute arose from the estate of Mohd. Arif, who passed away in 2021. His sole son had died in 2014, and at the time of Arif’s death, there were no other surviving sons or daughters. The grandchildren (plaintiffs) sought their legal share in the property.

The defendants who are the deceased Arif’s nephews argued that Muslim law excludes grandchildren from inheritance in such cases and that the property should instead pass to siblings of Mohd. Arif or children of his deceased brothers.

Delivering the judgment, Justice Manmeet Pritam Singh Arora held that “the grandchildren are excluded only if the grandfather has other surviving sons and daughters.” Given that Mohd. Arif had no surviving children when he died, the grandchildren are entitled to succeed him and inherit his estate.

The defendants relied on the Supreme Court decision in Mohd. Amirullah Khan & Others vs. Mohd. Hakumullah Khan & Others (1999), which holds that grand-children from a predeceased son do not acquire any right in the deceased grandfather’s immovable property if uncles or aunts are alive at the time of the grandfather’s death.

However, the High Court distinguished that precedent, noting its facts were materially different—the earlier judgment concerned a situation where sons/daughters of the deceased grandfather were still living at the time of his death.

Justice Arora further observed that the law does not support the claim by children of the deceased’s brothers (i.e. nephews) that they should inherit in preference to the grandchildren. The nephews are not lineal descendants of the deceased and therefore, in the absence of surviving children, have no superior claim under the rules of Muslim succession.

Consequently, the High Court ruled in favour of the plaintiffs, directing that Mohd. Arif’s estate devolved upon his grandchildren (through his predeceased son), as they remain his only surviving lineal descendants.

Corram: Justice Manmeet Pritam Singh Arora.

Case: Hamzah Muneer & Anr v. Mohd Aqil & Or

Advocates for petitioner: Mr. Sanjeev Sindhwani, Sr. Advocate with Mr. Jai Sahai Endlaw and Ms. Sagarika Kaul, Advocates

Advocates for respondent: Ms. Gayatri Puri, Mr. Madhav Saraswat, Mr. Reshul Mittra, Mr. Jayant Chauhan and Mr. Yusuf, Advocates for D-1 to D