The ruling on the inheritance of a daughter's son from his grandfather if his mother died before him

Question:
A letter reached the program from the Hashemite Kingdom of Jordan, sent by the listener Yusuf Abdul Ghani Mahmoud al-Faqih. Brother Yusuf says in one of his questions: My mother passed away before her father. Is it permissible for me, according to the Shari'ah, to inherit from his estate, or not? And if I take from his estate, is it lawful or forbidden?

Answer:
As long as she died before her father, you have no right to it. The inheritance belongs to his children and his living heirs. One of the conditions for a relative to inherit is that he must be alive at the time of his relative's death. As for the case where the mother died before her father, she has no right to the inheritance, and you have no right either if he has heirs, such as sons and daughters other than your mother. They are more entitled to the inheritance, and you have no right. It is not permissible for you to take anything from the estate; rather, it is obligatory for you to return it if you have taken anything, giving it to the heirs.
However, if it happens that he died and there is no one after him except you, the son of his daughter, and he has no heirs, neither residuary heirs nor those with fixed shares, then it is permissible for you to inherit from him according to the opinion of some scholars. The correct view is that it is permissible for the close relatives to inherit when the heirs from the residuary heirs and those with fixed shares are absent.
As long as he has heirs from his children or his brothers or others from the residuary heirs, you have no right to take anything from the estate; because your mother died before she was entitled to the inheritance; she died while her father was alive.

The presenter : May Allah reward you with good.