Does the son of the deceased brother inherit a portion of the estate of his deceased paternal uncle who has no offspring, given the presence of the deceased's paternal uncles?
The niece does not inherit in the presence of her paternal uncles because she is excluded by their presence, as they are closer to the deceased. The son of the full or paternal brother inherits under certain conditions, including: the absence of the father, or the grandfather, or the son, or the grandson, or the full brother, or the paternal brother. In this case, if the deceased has full brothers, they exclude the sons of the brothers. The rule of precedence in inheritance is by category, then by proximity, then by strength. Inheritance cases must be submitted to the courts for investigation due to the potential existence of wills, debts, or other rights that take precedence over the right of the heirs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/195409
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 195409
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy