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The question

Do the children of a deceased son inherit from their grandmother's estate the same as their living father would have?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The deceased woman's bequest to her grandchildren is enforceable because it is for a non-heir and is less than one-third of the estate. Thus, the issue is corrected from eighty shares. The husband receives one-fourth (20 shares), and sixty shares remain for the two sons and the daughter (divided into five shares). The amount of the bequest (to her grandchildren) is 24 shares, and the grandson and granddaughter partake in it jointly if the deceased did not specify how they should partake.

The remainder after the bequest (56 shares) is divided among the heirs: The husband receives one-fourth (14 shares), based on the verse: ﴿But if they have a child, then for you is one fourth of what they leave, after any bequest they [may have] made or debt.﴾ (An-Nisa: 12). The remainder (42 shares) goes to the son and daughter, with the male receiving the equivalent of the share of two females, based on the verse: ﴿Allah instructs you concerning your children: for the male, what is equal to the share of two females.﴾ (An-Nisa: 11). Thus, the daughter takes 14 shares and the son takes 28 shares.

It is important to note that inheritance matters are complex and delicate. A mere fatwa is insufficient; rather, they must be brought before the Sharia courts for investigation to ensure there are no other heirs, bequests, or debts that take precedence over the heirs' rights.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
57834
Imported
Translation status
Source text, unreviewed
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