What is the share of each heir from the deceased's estate, given that the heirs are: a husband, one daughter, and one granddaughter (daughter's daughter)? And does the presence of the daughter's children affect the inheritance?
The children of a daughter do not inherit. If the grandmother made a will (waṣiyyah) in their favor for an amount not exceeding one-third (of her estate), then the will is valid. However, if it exceeds one-third, they are given one-third, unless the heirs permit the excess.
If there are no heirs other than those mentioned, the husband receives one-fourth due to the existence of a inheriting descendant, based on the Almighty's saying: "But if they have a child, then for you is one fourth of what they leave, after any bequest they [may have] made or debt."
Her daughter receives one-half as a prescribed share (fard), based on the Almighty's saying: "And if there is only one, she will have half." The granddaughter (daughter's daughter) receives one-sixth as a complement to the two-thirds, according to the Prophet's (peace be upon him). The remainder is returned to the daughter and the granddaughter.
The inheritance is divided into sixteen shares: the husband receives four shares; the daughter receives nine shares (as a prescribed share and by return); and the granddaughter receives three shares (as a prescribed share and by return).
It is advisable to refer inheritance matters to the courts for investigation and to ensure that there are no other heirs, wills, or debts that take precedence over the heirs' rights.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
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- Ftawy
- Original fatwa ID
- 115246
- 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