How is the inheritance of a deceased person who has sons and daughters distributed, then one of his sons dies and he has only daughters, and do the paternal uncles of this deceased son inherit?
If your uncle passed away and his heirs are one son and two daughters, the rights related to the money, debts, and bequests (from one-third of the wealth) are first disbursed from his estate. Then, the remaining portion is divided among the son and the two daughters, with the male receiving the share of two females. If he had a wife, she receives one-eighth.
As for the estate of the son who died after his father: - If he had a mother and a wife: The mother receives one-sixth, the wife receives one-eighth, his daughters receive two-thirds, and his two full sisters receive the remainder by ta'sib (agnatic succession). - If he had neither a wife nor a mother: The wealth is divided between his daughters (two-thirds) and his two sisters (the remainder), and the paternal uncles receive nothing.
The matter of inheritance is serious and complex; a mere is not sufficient. Rather, it must be referred to the courts for investigation and to ensure that all rights, bequests, and debts are fulfilled before distribution.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 76683
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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