The grandson does not inherit in the presence of the son
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The children of daughters do not inherit.
Question: We are a family consisting of seven daughters. My eldest sister, who is my father’s daughter, has passed away. She has eight sons. Do her sons, who are still alive, have a right to inherit from my father’s wealth? My father is still alive, and she died before him. There are several problems arising with her sons regarding this inheritance.
Answer: The children of daughters have no share in the inheritance because they are among the relatives by blood (dhawu al-aram). As long as there are those with fixed shares (awliya al-furud) or residuary heirs (‘asabah), the relatives by blood have no right to inheritance. Your father’s wealth: two-thirds of it belongs to his daughters, and the remainder belongs to the residuary heir. If there is no residuary heir, it is returned to the daughters. As for the daughters of a daughter, they have no share in this case because they are among the relatives by blood. And Allah the Exalted knows best.
[The grandson does not inherit in the presence of the son]
Question: Two brothers, one of whom has passed away leaving two sons. The grandmother of the two brothers has also passed away. Do the sons of the deceased brother inherit anything from the real estate and money left by their paternal grandmother? Or does it belong only to their uncle?
Answer: The sons of a son do not inherit in the presence of a son who is closer to the deceased than they are.
If there is a son of the deceased and sons of a son, the inheritance belongs to the son. Likewise, if there is a son of a son who is higher in degree and a son of a son who is lower in degree, the inheritance belongs to the higher son who is closer to the deceased.
Question: We are a family consisting of seven daughters. My eldest sister, who is my father’s daughter, has passed away. She has eight sons. Do her sons, who are still alive, have a right to inherit from my father’s wealth? My father is still alive, and she died before him. There are several problems arising with her sons regarding this inheritance.
Answer: The children of daughters have no share in the inheritance because they are among the relatives by blood (dhawu al-aram). As long as there are those with fixed shares (awliya al-furud) or residuary heirs (‘asabah), the relatives by blood have no right to inheritance. Your father’s wealth: two-thirds of it belongs to his daughters, and the remainder belongs to the residuary heir. If there is no residuary heir, it is returned to the daughters. As for the daughters of a daughter, they have no share in this case because they are among the relatives by blood. And Allah the Exalted knows best.
[The grandson does not inherit in the presence of the son]
Question: Two brothers, one of whom has passed away leaving two sons. The grandmother of the two brothers has also passed away. Do the sons of the deceased brother inherit anything from the real estate and money left by their paternal grandmother? Or does it belong only to their uncle?
Answer: The sons of a son do not inherit in the presence of a son who is closer to the deceased than they are.
If there is a son of the deceased and sons of a son, the inheritance belongs to the son. Likewise, if there is a son of a son who is higher in degree and a son of a son who is lower in degree, the inheritance belongs to the higher son who is closer to the deceased.