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The question

Does the mother inherit a house and a farm from her deceased son, which the state granted to his children after his death?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20262 min readAlso available in العربية
The answer

It must be determined whether the land was a gift from the state to the deceased maternal uncle or to his wife and children.

If the gift was to his wife and children, the grandmother has no right to it.

If the gift was to the maternal uncle and he died before acceptance or possession, scholars differed: - Hanafis, Shafi'is, and Hanbalis: The gift becomes void upon the death of the donee before acceptance or possession, and the right of acceptance does not transfer to the heirs. - Malikis: The gift does not become void if the donee was unaware of it, and the right of acceptance transfers to the heirs, unless the donor intended the specific person of the donee, in which case it becomes void. If the donee knew of the gift and did not reject it before his death, he is considered to have accepted it constructively, and the right of possession transfers to the heirs.

Based on this: - If it is ruled that the gift is void, the land returns to the state. - If it is ruled that the right transfers to the heirs, the grandmother gets one-sixth if the land is part of the inheritance, and the remainder is distributed among the wife, sons, and daughters.

If you disagree, the court is the reference.

If the land is part of the inheritance, the mother receives one-sixth due to the presence of a surviving descendant, and the wife receives one-eighth due to the presence of a surviving descendant. The remainder goes to the sons and daughters, with the male receiving the share of two females, and the full sister receives nothing due to the presence of a son.

The inheritance is divided into 192 shares: the mother gets 32, the wife gets 24, each son gets 34, and each daughter gets 17.

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Ftawy
Original fatwa ID
140817
Imported
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Source text, unreviewed
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