He bequeathed a piece of land to the sons of his deceased son, and then after a period of time, he bequeathed to them one-third of another piece of land
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Fatwa number ( 456 )
Q: A man’s grandfather had two sons. One of them died before the grandfather did. The grandfather said: “This land that is in the possession of my deceased son belongs to his children.” Then, after a while, the grandfather said: “This land that is in my possession: two-thirds of it belongs to my son, and one-third of it belongs to the son of my deceased son.” I ask about the validity of this action.
A: If the heirs have approved this action by the questioner’s grandfather, their deceased father, then that is fine and good, and there is no objection to considering it valid and executing it. However, if the heirs, or some of them, object to his action, then examining their objection is the exclusive jurisdiction of the Sharia court. As for the minor, his share remains as it is.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A man’s grandfather had two sons. One of them died before the grandfather did. The grandfather said: “This land that is in the possession of my deceased son belongs to his children.” Then, after a while, the grandfather said: “This land that is in my possession: two-thirds of it belongs to my son, and one-third of it belongs to the son of my deceased son.” I ask about the validity of this action.
A: If the heirs have approved this action by the questioner’s grandfather, their deceased father, then that is fine and good, and there is no objection to considering it valid and executing it. However, if the heirs, or some of them, object to his action, then examining their objection is the exclusive jurisdiction of the Sharia court. As for the minor, his share remains as it is.
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.