Back to search

Is it permissible to inherit all that the deceased mother left behind through legal distribution, excluding the brother of the deceased grandmother, who died after the grandmother, and his living children, given that the grandmother had willed all her possessions to her two daughters?

1 min readAlso available in العربية

The status of a grandmother writing over her share to her two daughters from her husband's inheritance is determined based on several scenarios:

1. Complete Gift (Hibah Tammah): If she gifted her share while being of sound mind, not suffering from a life-threatening illness, and her two daughters took possession of the gift during her lifetime and disposed of it, then it is considered a complete gift, and her brother has no right to it. 2. Incomplete Gift (Hibah Ghayr Tammah): If it was a gift, but the grandmother died before her two daughters took possession of their share, then the gift is considered incomplete, and all heirs (including her brother) have a right to their share. 3. Gift during Death Sickness (Hibah fi Marad al-Mawt): If she gifted her share while suffering from a life-threatening illness, then it is considered akin to a will (wasiyah). It is not enforceable unless it falls within one-third of the estate or is approved by the heirs. A will to an heir is not permissible without the consent of the remaining heirs (including her brother). 4. Initial Will (Wasiyah Ibtida'an): If the grandmother intended for her daughters to take her share after her death, then it is considered a will to an heir. It is not enforceable except with the consent of the remaining heirs (including her brother).

In the third and fourth scenarios, if the brother does not consent, he has the right to take his share, and it passes to his heirs after his death.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy