Inheritence system in Islam for an Orphan.

Answered according to Hanafi Fiqh by
My question is my grandfather has three sons among them my father is the eldest one. My father passed away 20 year ago. At that time I was just 5 years old. My grandfather has a house in which me any mother and family of my two uncles are living. Few years back my grandfather died without leaving any will. Now my uncle wants to divide the property (house) and they said to me that you do not have any share in this house according to Islamic law because your father died before your grandfather, so you have to leave this house. Please help me out sir and give a holistic reply and also tell me the LOGIC behind this Rule.

بسم الله الرحمن الرحيم

(Fatwa: 928/767/H=06/1435)

When a person leaves his real children i.e. sons and daughters at the time of his death then in such case the grandson does not receive any share as inheritance i.e. he shall inherit no share in the property of the grandfather. However, if the grandfather makes a will for the grandson then he will get it. So it is proved from the holy Quran and Hadith.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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