Plea for compulsory bequest to protect orphaned grandchildren under Muslim law

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.This means that children who lose their father at a young age may not automatically inherit from their grandfather. They could be left without a share even if the grandfather owns substantial property.Mr. Karoly has asked the Law Commission to recommend an amendment to the 1937 Act to address this situation through what is known as Wasiyya Wajibah, or compulsory bequest.Under the proposal, if a son or daughter dies before the grandparent, their children would receive the share that their deceased parent would have received if they had been alive. The share would be limited to one-third of the grandparent’s net estate, after funeral expenses and debts are paid.“This is not against Shariat. It is based on the Quranic principle of providing for close relatives and on public interest,” Mr. Karoly said.He cited Egypt as an example. The country introduced a compulsory bequest provision in 1946, allowing children of a predeceased son or daughter to receive the share their parent would have received, subject to a one-third limit. Mr. Karoly said similar provisions have since been adopted in several Muslim-majority countries.He urged India to adopt a similar provision through an amendment to the Muslim Personal Law (Shariat) Application Act.Mr. Karoly also said the change could not be made through a government order or notification. Since the 1937 Act is a law passed by the Central legislature, he said, any change to the inheritance rights governed by it would require legislation passed by Parliament.The proposed amendment would also give the compulsory bequest priority over voluntary bequests made by the grandparent. The one-third ceiling would ensure that the provision does not extend beyond the limit proposed under the Egyptian model.Mr. Karoly said the proposed change would address cases in which children lose a parent at a young age and are subsequently excluded from the grandparent’s property under the existing inheritance rule.“We see several cases in which children losing a parent at a young age are being left without a share in their grandparent’s property. Adoption of the Egyptian model of compulsory bequest will provide greater protection to such families,” he said.He has asked the Law Commission to recommend that the Union Ministry of Law and Justice introduce a Bill in Parliament to amend the 1937 Act. Published - October 10, 2026 06:29 pm IST