Section 4 of the Muslim Family Law Ordinance 1961 says that, “In the event of the death of any son or daughter of the propositus before the opening of succession, the children of such son or daughter, if any, living at the time the succession opens, shall per stripes receive a share equivalent to the share which such son or daughter as the case may be, would have received if alive.”
That means the predeceased son's son or predeceased son's daughter will represent their predeceased father and will be able to get his share as well.
Therefore if we see the example above, we have seen that, a person dies leaving behind his son, daughter, predeceased son’s son, predeceased son’s daughter and father. Thus they get according to section 4 of the MFLO, 1961 the following shares.
Son: 10/42 (as residuary)
Daughter: 5/42 (as residuary)
Predeceased Son’s son: 10/42(as residuary)
Predeceased Son’s daughter: 10/42(as residuary)
Father: 1/6 (as sharer)
Here son’s son and son’s daughter are representing their father. Though son’s daughter is a female, she gets 10/42 like the son's son. Therefore Male: Female= 2:1 this principle is violated.
Hope you will understand dear Sonali ma'am. Keep smiling.
