Do the children of a deceased son inherit from their grandmother's estate the same as their living father would have?
The deceased woman's bequest to her grandchildren is enforceable because it is for a non-heir and is less than one-third of the estate. Thus, the issue is corrected from eighty shares. The husband receives one-fourth (20 shares), and sixty shares remain for the two sons and the daughter (divided into five shares). The amount of the bequest (to her grandchildren) is 24 shares, and the grandson and granddaughter partake in it jointly if the deceased did not specify how they should partake.
The remainder after the bequest (56 shares) is divided among the heirs: The husband receives one-fourth (14 shares), based on the verse: ﴿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.﴾ (An-Nisa: 12). The remainder (42 shares) goes to the son and daughter, with the male receiving the equivalent of the share of two females, based on the verse: ﴿Allah instructs you concerning your children: for the male, what is equal to the share of two females.﴾ (An-Nisa: 11). Thus, the daughter takes 14 shares and the son takes 28 shares.
It is important to note that inheritance matters are complex and delicate. A mere is insufficient; rather, they must be brought before the courts for investigation to ensure there are no other heirs, bequests, 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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- 57834
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy