Is the inheritance to be divided among the three sons of the full brother, knowing that the deceased left a gift contract to her sister's children?
If the grandmother bequeathed to her brother's children an amount not exceeding one-third of her estate, it belongs to them after her death. Anything exceeding one-third depends on the heirs' consent. If she gifted it to them during a life-threatening illness (marad al-mawt), the gift takes the ruling of a bequest, and only the amount of one-third is valid. However, if she gifted it to them while in good health and they took possession of it, the gift is valid and enforceable, even if it exceeds one-third. If she gifted it to them while in good health but they did not take possession of it until she died, scholars differ on its ruling, and if a dispute arises, the judge is the one to decide it. As for the division of the inheritance, if the grandmother left no one but the full brother's sons, her estate is for them by 'asabah (agnatic succession) equally. Please note that matters of inheritance are critical and complex and should be referred to Sharia courts or discussed directly with knowledgeable scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 105167
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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