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Did Hassan’s will provide for Khalid’s inheritance from Omer’s estate?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Here is the scenario: Omer had 4 children 2 male: Mohammed, Abdullah and two females: Asiya and Khatoon. During life time of Omer, Abdullah and Khatoon died. Khatoon did not had any children, Abdullah survived with only son Khalid. Omer had 5 houses and did not made any will before he expired, but during lifetime advised Mohammed and Asiya to provide one house to grandchild Khalid. Now Muhammad had got 3 houses and Asiya 2 houses, Mohammed gifted 1 house to Khalid out of his share only, but not to the Asiya.
(1) Can Omer’s suggestion is valid as per Shariah with respect to Khalid to give one house?
(2) Is Mohammed’s gift valid as per Shariah to give one complete house to Khalid?
(3) What percentage of gift can anyone give from his property (inherited)?
Note: Omer’s property is not self earned but inherited from his father Hassan.
I heard that if son dies while his father alive, the deceased sons’ family will not get any property share. Please provide answer with reference.


(Fatwa: 874/876/N=1433)

(1) In the presence of sons, grandson isnot entitled to inheritance. And one can make will up to one third of his wealth for a non-heir person. Hence in the question mentioned above the will of one house among five houses which Umar made for his grandson Khalid is correct and lawful as per the Shariah. It is necessary and wajib on the heirs of Umar to execute this will.
(2 & 3) In the question mentioned above, the completion of will is to give one house to Khalid the grandson of deceased Umar, it is not a gift from any heir.
(4) Whatever you heard is correct but the meaning is that nothing can be given to the family of deceased son considering him as a heir. But if the legator has made a will then it is wajib to give from the third part of his property.

Allah (Subhana Wa Ta’ala) 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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