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How Should We Distribute Great Grandfather’s Property?

15 October, 2018
Q Recently, my mother has discovered a property that belonged to her grandfather who passed away 50 years back. So now we want to know how the inheritance should be calculated. My mother's grandfather had 4 sons and 2 daughters when he passed away. Will inheritance be received by only grandfather's children or will the grandchildren also receive like my mother or will my mother receive after her father passes away as inheritance. Please, explain.

Answer

Sheikh Ahmad Kutty
15 October, 2018

In the Name of Allah, Most Gracious, Most Merciful. 

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

In this fatwa:

Your great grandfather’s inheritance should be divided among his children who were alive at the time of his death including your mother.

In his response to your question, Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

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I will assume that your great grandfather died while all his children were alive which means your mother’s dad should have inherited like his brothers and sisters.

Now if they did not distribute that property because of being unaware and then your mother’s dad died, the uncles and aunts of your mom should honor their brother’s share and give it to his children including your mom.

Please, ask a local Islamic court or Imam who can ask more clarification questions on that matter for I only spoke of a ruling based on assumption. More details are needed if you seek a detailed reply.

 Almighty Allah knows best.

Editor’s note: This fatwa is from Ask the Scholar’s archive and was originally published at an earlier date.