Politics · India Bureau
Legal expert seeks Muslim inheritance law reform for orphaned grandchildren
A lawyer has called on India's Law Commission to recommend legislative changes to protect the inheritance rights of orphaned grandchildren under Muslim personal law. The proposal seeks to amend the 1937 Act to ensure children receive their deceased parent's rightful share even if their grandparent survives.
LSN India ·

A legal practitioner has petitioned the Law Commission to advise the Union Ministry of Law and Justice on amending Muslim succession laws to safeguard orphaned grandchildren's inheritance entitlements. Under current provisions of the 1937 Act governing Muslim personal law, children of a predeceased parent may lose their rightful inheritance share if their grandparent survives, creating significant financial hardship for vulnerable minors. The advocate has urged the Law Commission to recommend parliamentary legislation that would guarantee such children receive the share their parent would have inherited, ensuring they are not disadvantaged by the timing of family deaths. The proposal seeks to balance Islamic inheritance principles with contemporary family protection needs. A legislative change would require introduction of an amending Bill in Parliament, necessitating coordination between the Law Commission, the Law Ministry, and Parliament to evaluate the proposal against existing jurisprudence and constitutional safeguards for religious personal law.