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Fatwa CenterInheritance of grandchildren whose father died before their grandfather
Question
Assalamu alaikkum,Sirs, we intend to buy some property from a Muslim family and I have question with reference to Muslim Inheritance laws and practices. Primarily the property in question was owned by the present owners´ancestor,let us say `A´.After the death of `A´,it passed on to his son `B´. `B´had three sons,`C´,`D´, `E´ and one daughter `F´. `C´ died very earlier BEFORE the death of his father `B´. C´s wife, let us say `G´ and his five daughters, `H´, `I´, `J´, `K´ and `L´ are all alive. But no sons. all the persons, `D´, `E´,`F´, `G´, `H´, `I´, `J`,`K´ and`L´ lay claim a share in the property. But persons `D´`E´ and `F´ put forward an argument that since `C´ died BEFORE his father `B´, the surviving and the living members of his family, namely `G´ wife of `C´ and `H´, `I´, `J´, `K´ and `L´ daughters of the demised `C´ DO NOThave any share AT ALL in this property under the Muslim Personal Law/Inheritance practices and the persons `D´ `E´ and`F´ ALONE have the right to sell and execute the Sale Deed whereas the persons `G´ to`L´ dispute this and maintain that they too have a share in the property. The question is whether the persons `D´`E´and `F´ALONE are the rightful owners OR whether the wife of deceased `C´and his daughters have any rightful share in the property according to Muslim Personal Law and/or Inheritance practices.I shall be very grateful if you would kindly forward me your reply at your earliest.WassalamSyed Abdul Kader
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
If the situation is as mentioned in the question, then the wife of the deceased son and his five daughters have no share in the inheritance of their deceased grandfather. That is because their father died before their grandfather, so the inheritance of the latter would be divided on his children who were alive when he died.
Finally, it should be noted that inheritance is a very complex an issue, so a mere Fatwa that is prepared according to the question is not sufficient. Rather, this issue should be taken to an Islamic court or to the nearest Islamic centre in your country in order to study the matter as there could be an heir that is forgotten or it might be that there is a will or other rights and debts that the heirs did not know. So, inheritance should not be divided without resorting to an Islamic centre in your country in order to preserve the rights of the dead and the rights of the people who are still alive.
Allaah Knows best.
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