How is the estate of a man who died leaving a son, a daughter, and the children of a deceased daughter to be distributed?
The estate of the deceased, who left no heirs except a son, a daughter, and the children of a deceased daughter, is divided between the son and the daughter only, with the male receiving the equivalent of the share of two females, in accordance with the verse: "Allah instructs you concerning your children: for the male, what is equal to the share of two females." Thus, the son receives two shares and the daughter receives one share out of three shares. The children of the deceased daughter inherit nothing, as they are considered kin (dhawu al-arham) and not legal heirs.
It is advisable to refer inheritance matters to the courts for investigation and to ensure there are no other heirs, wills, debts, or rights that take precedence over the rights of the heirs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 85355
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- . 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