Inheritance
Question
My father in law has four children two daughters and two sons. His eldest daughter died leaving behind three children, two daughters and one son. Her children are all married now. My mother in law is alive. He wants to know do the children of her deceased daughter inherit their mothers share in inheritance. He is survived by his wife two married sons and one married daughter. How will his property be distributed to his wife and children according to Shariah after his death.
Answer
No, the daughter's children will not inherit from their mother's father.
If at the time of his death, your father-in-law is survived by one wife, 2 sons and one daughter his estate will be divided into 40 equal shares and distributed as follows:
Wife will receive 5 shares
Each son will receive 14 shares
Daughter will receive 7 shares
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/11847
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-11847
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