Aslkm
Please help with the following Inheritance Question :
The Mother (Ouma) had 2 daughters (removed for privacy) only and few grandchildren as well
Her one Daughter (removed for privacy) passed away few years back leaving her children to stay with her mother (ouma)
Last month Ouma Passed away
So now daughter (removed for privacy) is claiming she’s only daughter left so she inherites everything….
The Ouma left behind :
1 Daughter
2 Real Sisters
Brothers sons x 4 (Oumas Brother is Marhoom)
3 Grandsons (from Daughter removed for privacy)
4 Grand daughters + 1 grandson (from Marhooma Daughter removed for privacy)
How does one workout the Miraath ?
Note: they need to sort out asap as the one grand daughter stays in the oumas house currently
And the daughter (removed for privacy) whose claiming all the inheritance want to sells this house etc and wants the granddaughter out
Answer
Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,
Due to the grandsons, the sisters and the nephews will not inherit.
In this case, one third of the estate will be distributed amongst the four grandsons. Hence, each grandson will get 8.33%.
The one granddaughter will get one sixth of the estate.
The remaining half will go to the surviving daughter. She is only entitled to this half, and she does not inherit everything.
And Allaah Ta’aala knows best
Wassalaam,
Ismail Moosa (Mufti)