What is the share of each heir from the estate of the deceased woman who left four daughters, and bequeathed one-third of her property to her granddaughter, knowing that she has a niece and a nephew?
A will bequeathing one-third of the real estate to the granddaughter (daughter of the daughter) is valid and enforceable because it is for a non-heir and within the limit of one-third. If the deceased left no heirs other than those mentioned, the daughters receive two-thirds as their prescribed share, and the remainder goes to the son of the brother's son if he is a full brother or a paternal half-brother. As for the brother's daughter, she is not among the heirs. The estate is divided into six shares: four for the daughters and two for the son of the brother's son. However, if the son of the brother's son is a maternal half-brother, he receives nothing, and the entire estate goes to the daughters, both as their prescribed share and by way of رد (return of the surplus).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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