What is the ruling on a mother relinquishing her share in her deceased son's house to her grandchildren if she did not officially document this before her death? Do the grandchildren inherit from their deceased grandmother after their father? And how can the younger brother be persuaded not to exchange his inheritance in his mother's building for his inheritance in his deceased brother's house, especially if he does not wish to have any connection with the orphans' maternal uncles?
The sons of a son do not inherit when there are direct sons, because the Prophet (peace be upon him) said: "Give the Fara'id (allotted shares) to those who are entitled to them, and whatever remains is for the closest male heir." However, if a Shar'i judge rules with an obligatory bequest for the nephews, then his ruling is enforceable and resolves the dispute, especially given the mother's intention regarding that bequest. Reconciliation and concession, if possible, are advised to preserve brotherhood and kinship. Bargaining with them for their share in the building in exchange for his share in their father's house is permissible if they agree and are adult and of sound mind; otherwise, there is no compulsion. The mother's intention to make a concession or bequest to her son's children is not binding unless she formalized it before her death.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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