Question:
Assalamu ‘alaykum. Mr. S. had married Mrs. M. in 1929. In 1930 their only daughter KB was born. After her birth, the mother of the baby KB died, and her father remarried to another lady W. W gave birth to four sons and five daughters within a span of 32 years. Now two sons & three daughters are alive. All other sons and daughter’s family members are alive now. The only first daughter’s family (sons and daughters) are alive. So what will be the inheritance law or law of succession for the eldest daughter’s family in Hanafi Law?
Answer:
Wa ‘alaykum assalam wa rahmatullah wa barakatuh.
I pray you are well.
There is a general rule in inheritance, which is that grandchildren do not inherit in the presence of one’s children. This would mean that if a child with children passes away, then those grandchildren will not inherit if there are direct children of the deceased.
Having said this, I urge you to consult a reliable local scholar as there are details needed that are not mentioned in your question above. There are some points we can discuss, however.
KB was entitled to 3/4 of everything her mother left behind if her parents were not alive. If so, her husband would have got 1/4, her maternal parents 1/6 each, and KB the rest.
I assume you are asking about the estate left behind by Mr. S, who is the father of KB, and the nine other children. If so, only the wife and the living sons and daughters will inherit. His wife would get 1/8 and the rest would be divided amongst his children: each male getting twice the share of each female.
However, this is based on dividing the estate right after the passing of Mr. S. Otherwise, all his children who were alive at the point of his death inherit as mentioned above. If they have passed away now, then their share will be passed on to their children.
Please consult someone local to who you can present all the facts as required. They will be able to give you clarity, insha’Allah.
May Allah grant you the best of both worlds.
[Shaykh] Abdul-Rahim
Checked and Approved by Shaykh Faraz Rabbani