# Father died before grandfather? You still get his share.

> Section 4 of the Muslim Family Laws Ordinance 1961 says otherwise: the children of a son or daughter who died first take the share that parent would have got. The Supreme Court applied it in 2022.

- Topic: Property and inheritance
- For: Citizens
- A 12-slide carousel: https://failegal.site/media/father-died-before-grandfather-you-still-get-his-share-dadajaidad
- Published by FAI Legal on 2026-11-15

## The law says yes.

Section 4, Muslim Family Laws Ordinance 1961.

> "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 stirpes receive a share equivalent to the share which such son or daughter, as the case may be, would have received if alive." (Muslim Family Laws Ordinance 1961 · Section 4)

## How much? Your parent's share.

Exactly what your father or mother would have got if alive.

- **Together, not each** The children share that portion as one group (per stirpes).
- **Son or daughter** It is the same when the one who died first was a daughter.
- **Confirmed** Islamabad High Court, 19 Feb 2021. The Supreme Court refused leave: Civil Petition 3011 of 2021, 8 Feb 2022.

## Parent died before 1961?

What matters is when the grandparent died.

- **The Ordinance** In force from 15 July 1961.
- **The case** Mother died in 1950. Grandfather died in 1970. Her children got her share.
- **The court** Lahore High Court, Civil Revision 213-D of 2004, 25 Oct 2021.

## "Section 4 was struck down."

Not while the appeal is pending.

- **Myth: The Federal Shariat Court cancelled section 4, so grandchildren get nothing.**
- **Fact: It ruled against section 4 in 2000, but that ruling was appealed. It cannot take effect until the appeal is decided, and the Supreme Court applied section 4 in Feb 2022.**

## The stay is in the Constitution.

Article 203D(2), the proviso.

> "Provided that no such decision shall be deemed to take effect before the expiration of the period within which an appeal therefrom may be preferred to the Supreme Court or, where an appeal has been so preferred, before the disposal of such appeal." (Constitution of Pakistan · Article 203D(2), proviso)

## Great-grandchildren? Not covered.

Only grandchildren alive when the grandparent dies.

- **The words** "living at the time the succession opens"
- **The ruling** Section 4 does not stretch to great-grandchildren.
- **The court** Supreme Court, Civil Petition 3011 of 2021, 8 Feb 2022.

## Uncles showed a gift deed?

The Supreme Court did not accept it.

- **No acceptance** The deed did not say the uncles accepted the gift.
- **Possession proved nothing** They were his sons, farming the land for their father.
- **Burden on them** Those who gain from a gift must prove it. The granddaughter inherited.
- **The court** Supreme Court, Civil Appeal 1348 of 2014, 27 Jan 2022.

## Quick quiz. Does she inherit?

Guess first, then swipe for the answer.

- **A. No, her father died first**
- **B. Yes, her father's share**
- **C. Only if her uncles agree**

## Answer: B. Her father's share.

She takes what he would have got if alive.

- **Grandfather died after July 1961**
- **She was alive when he died**
- **So section 4 gives her her father's share**

## Left out of the mutation?

Take the mutation copy to an advocate.

- **What they filed** A suit for declaration that the inheritance mutations were wrong.
- **What happened** The suit was decreed for the grandchildren.
- **The court** Lahore High Court, Civil Revision 213-D of 2004, 25 Oct 2021.

## Sources

- Muslim Family Laws Ordinance 1961 · Section 4: Succession
- Constitution of Pakistan · Article 203D(2), proviso: When a Federal Shariat Court decision takes effect

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Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review.

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