Islamabad: Federal Constitutional Court (FCC) while announcing important decision in the case of inherited property has maintained that children of the brother who had already passed away can not get inheritance share from the property of uncle under principle of representation.

The court made it clear that section 4 of Muslim Family Ordinance - 1961is applicable to descendants of deceased son or daughter. It cannot be extended to the children of brother who had already died.

legal gradation of inheritors is of basic importance under Hanafi law of Muslim Inheritance.

The court said in the decision share out of property of uncle will not be given to children of brother who had already died. If Shariat sharia compliant holders are there then distant relatives are not entitled to the inheritance.

Section 4 of Muslim Family Laws Ordinance is applicable to the descendants of son or daughter. Right cannot be given under this clause to the children of brother who had already passed away. Only blood relations is not enough. The legal position of inheritor will also be seen.

The real question is not this that the applicants are relatives of deceased or not . The question is this does this relation include them or otherwise in the class of those who are entitled to inheritance .

They cannot be declared inheritor to the property merely on this basis that their father was brother of the deceased.

FCC has upheld Lahore High Court March 18 decision .