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Inheritance of grandmother if father passes away first

Answered according to Hanafi Fiqh by IslamicPortal.co.uk

Inheritance of grandmother if father passes away first

Question

Our father passed away. We five brothers and sisters and our mother (the deceased’s wife) inherited his property. Along with that our grandmother is still alive who also inherited from our father’s property. The property has not been sold yet. In future, when we sell it and distribute the shares, if our grandmother is not alive, would her share from her son’s (our father) inheritance go to our uncles and aunts or that would stay with us?

بسم الله الرحمن الرحیم

Answer

If the grandmother has acquired a share in the property via inheritance, that will be subject to inheritance along with all her other assets and all her children (your uncles and aunts) will inherit from this. If she wishes, she can write a will in up to one third of her assets for non-heirs such as grandchildren. However, she is not obliged to do so.

Further, the father’s inheritance should be distributed as soon as possible. Therefore, if the grandmother is not living in the property and it is possible to give her the share which she is entitled to, this should be given.

Allah knows best

Yusuf Shabbir

18 Muḥarram 1443 / 27 August 2021

Approved by: Mufti Shabbir Ahmed and Mufti Muhammad Tahir

This answer was collected from IslamicPortal.co.uk, which is a repository of Islamic Q&A, articles, books, and resources. Various schools write and oversee the answers, including Maulana Yusuf Shabbir, Mufti Shabbir Ahmed, and Mufti Muhammad Tahir. 

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