Will her inheritance go to her sons or will it go to her Grand daughters?

· 13 Dhuʻl-Hijjah 1442 AH1 min readFatwa 47254English

Question

Asalaam u alaikum wa rahmathullahi was barakatuhu, We are two brothers. My mother has inherited property from her parents. Will her inheritance go to her sons or will it go to her Grand daughters? She mentioned that her property that she recieves from her mothers side will go to her grand daughters. Is this true?

Jazakallah Khair

Answer

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

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

Respected brother in Islam,

In principle, a person's granddaughters will not inherit if the sons are present at the time of death.

Therefore, in the enquired situation, the granddaughters will not inherit the property from their grandmother. There is no consideration to who the grandmother inherited the property from.

And Allah Ta’ala Knows best

M. Akhtar

Student Darul Iftaa
South Africa

Checked and Approved by,
Mufti Ebrahim Desai.

Answered by
M. Akhtar
Checked & approved by
Mufti Ebrahim Desai
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

Fatawa SA is an independent, read-only index of fatawa already published by Darul Iftaa Mahmudiyyah. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue

For corrections or mistakes, please email us at fatawasa786@gmail.com.

People also ask

Why do sons and daughters inherit different shares?

“The bequest your mother made of distributing the estate equally is not permissible. The estate will have to be distributed in accordance to the law of shariah. The law of shariah is that the son will receive double share of the…”

Mufti Online · 59 fatawa from 7 Darul Iftas on this

What the Darul Iftas say
Do grandchildren inherit if their parent died first?

“Your brother’s or sister’s grandsons are your Mahrams. However, your husband’s nephew is not considered to be your Mahram. Therefore, it would be permissible for you to travel for Umrah with your sister’s grandson as your…”

Jamiat KZN · 44 fatawa from 6 Darul Iftas on this

What the Darul Iftas say