Category: Inheritance (Irth)
Fatwa#: 37555
Asked Country: United States

Answered Date: Feb 01,2019

Title: Do the grandchildren inherit in the presence of the children?

Question

Hi there, If my mother passes away, and only my brother and myself (daughter) are the surviving relatives, how is the inheritance distributed? To clarify, I have 1 dead sister who is survived by a son, a daughter and a husband, and also I have 2 dead brothers who are survived by 4 sons and 1 daughter. Does my mom's inheritance get distributed to my living brother and myself only or do our nieces and nephews from our dead siblings get some of that inheritance?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

DISCLAIMER

•         The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

•            Darul Iftaa bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

•            This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Iftaa

 

Sister in Islam,

According to the Shariah Law of Succession and Inheritance, distribution of an estate will only commence after funeral expenses, which should not be extravagant nor miserly.

Thereafter all debts (including legal costs) and bequests (if any) made to non-heirs - which will not exceed one-third (1/3) of the Estate should be paid.

Thereafter, all assets form part of the Net Estate and will be distributed according to the Islamic Law of Succession and Inheritance.

If a woman passes away and is survived by:

  • Son
  • Daughter
  • 5 Grand Sons
  • 2 Grand Daughters

 

According to the Shariah laws of Inheritance and Succession, if there are no other heirs besides the above, then the estate will be divided into 3 equal shares as follows:

BENEFECIARIES

SHARES

PERCENTAGE

SON

2/3

66.67%

DAUGHTER

1/3

33.33%

GRAND SONS

NIL

NIL

GRAND DAUGHTERS

NIL

NIL

TOTALS

3

100%

 

The Grand Children will not inherit In the presence of the Son and Daughter.

Therefore, your nephews and nieces will not inherit any share from the estate of your mother.

 

And Allah Ta’āla Knows Best

Muhammad I.V Patel

Student Darul Iftaa
Lusaka, Zambia

 

Checked and Approved by,
Mufti Ebrahim Desai.

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