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Fatwa CenterWhen nephews inherit from their uncle
Question
My Uncle left no direct heirs, i.e. no living wife, no child,no surviving parents, no grandchild. However, he had two brothers and two sisters. My Father (my uncle's brother) is no more now. So, the deceased has one living brother and two living sisters, along with nephews (but my father is no more now). How will be the distribution of my Uncle's property? Will I along with my brother inherit anything from my uncle's property? Note that my grandfather had already divided his property among his sons and daughters in his life time. Please help.
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
First of all, you should know, dear Brother, that it is not possible to clarify how the inheritance should be divided unless the heirs who are eligible to inherit are completely known and specified. The are fifteen types of male heirs and ten types of female heirs, and some of them are excluded when other heirs are still alive.
The information that you mentioned is not enough and the heirs are not all determined. For instance, you did not mention whether the brothers and sisters are full-brothers and full-sisters, or brothers and sisters from the father’s or mother’s side only. Also, you did not mention whether you and your brother are children of a full-brother of the deceased, or children of a brother from the father’s or mother’s side only. All this affects the answer. Therefore, if you would like to know how the inheritance of your uncle should be divided.
As regards whether or not you and your brother inherit from your uncle, then you should know that if your father died after the death of your uncle, then your father is an heir to him, and he has a rightful share from the inheritance of his brother. The share of your father is transferred after his death to his heirs among whom are you and your brother.
However, if your father died before his brother, then he has no share in the inheritance of his brother. In this case, if you two are sons of a brother from the mother’s side, then you are not among the heirs. If you are sons of a full-brother, or sons of a brother from the father’s side only, then you do not inherit from your uncle if he has a full-brother who is still alive or a brother from the father’s side only who is still alive.
Allaah Knows best.
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