Bequest to a non-heir of one-third or less
Machine translationRead the Arabic original
Fatwa number ( 11483 )
Q: My father (may Allah have mercy on him) passed away, and then my grandfather—my father’s father—passed away twenty years later. My grandfather, my father’s father, had three sons and four daughters. My deceased father was one of the three sons. My grandfather had wealth and real estate. Since my sister and I are the children of the deceased father, I ask for your guidance on the following: Do we have a right to inherit from the wealth and real estate of our deceased grandfather? In our country, there is an inheritance law called the “compulsory bequest,” which states that the children of the deceased have the right to inherit from their grandfather’s wealth as if the father were still alive, and this is in the proportion of one-third. Is there any doubt regarding this money? Please inform us, and may Allah guide you to what is good.
A: First, a grandson does not inherit in the presence of a son who is closer to him
in degree, so you have no share in your grandfather’s estate because your uncles block you from inheriting. Second: A bequest to a non-heir of one-third or less is permissible and becomes binding after the death of the bequeather. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father (may Allah have mercy on him) passed away, and then my grandfather—my father’s father—passed away twenty years later. My grandfather, my father’s father, had three sons and four daughters. My deceased father was one of the three sons. My grandfather had wealth and real estate. Since my sister and I are the children of the deceased father, I ask for your guidance on the following: Do we have a right to inherit from the wealth and real estate of our deceased grandfather? In our country, there is an inheritance law called the “compulsory bequest,” which states that the children of the deceased have the right to inherit from their grandfather’s wealth as if the father were still alive, and this is in the proportion of one-third. Is there any doubt regarding this money? Please inform us, and may Allah guide you to what is good.
A: First, a grandson does not inherit in the presence of a son who is closer to him
in degree, so you have no share in your grandfather’s estate because your uncles block you from inheriting. Second: A bequest to a non-heir of one-third or less is permissible and becomes binding after the death of the bequeather. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.