Our father had died before the death of our grandfather. Our father died suddenly when our grandfather was very sick and on his deathbed. Our grandfather died on his sick bed after 6 months. He was not aware that his son has died. He did not made any provision for his grandchildren. Our Uncles have taken control of all the wealth and properties of our grandfather, without giving any share to us as per current Shariah law. Suddenly we the grandchildren have become very poor and helpless. I have searched the web and found out that in the other Islamic countries such as Egypt, Indonesia Tunisia etc have made it compulsory to give 1/3 (One Third) of grand fathers assets to orphaned grandchildren. Kindly let us know, have we made any such reform in India? So many families are suffering because of this.
Answer
(Fatwa: 637/434/D=1433)
As per the inheritance law when the son died in the life of father, then the children of the son shall not get share in the property of grandfather. It was better for grandfather to make a will in his one third property or give some property in his life time to his grandchildren by giving in their possession. But when the grandfather did not do any thing, then the grandsons will have no right in the property of grandfather neither as will nor as per the inheritance. However, the uncles should make their orphan nephews owner of some property from theirs. If the uncles do not do so then they go against the Islamic teachings of good conduct and kindness.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband
