The grandson's share of the inheritance during son's life


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Q 1: A man died in a car accident. He left behind a father, three sons and five daughters. Do the children of the deceased have the right to claim their shares of inheritance from their uncles upon the death of their paternal grandfather?


A: The children of the deceased are not entitled to any part of the property of the grandfather which he leaves behind upon death even if transfer of the property's ownership to the grandfather occurs by means of inheritance from their father. The reason is that those children are totally excluded from inheritance in the presence of the uncles who are the direct sons of their grandfather. This is based on the Hadith in which the Prophet (peace be upon him) said, Give the Fara'id (the shares of the inheritance that are prescribed in the Qur'an) to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased. However, if their father is known to have provided their grandfather with any of his earnings, they may claim those earnings from their grandfather or their uncles. (Part No. 16; Page No. 528) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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