Do grandchildren inherit from grandmother if father passed away first?
Question
My brother passed away before my mother. My mother passed away thereafter. The deceased brother’s children are demanding inheritance of my mother (their grandmother). Are they entitled to this? We are two brothers alive.
بسم الله الرحمن الرحیم
Answer
If the deceased left behind two living sons and no spouse or parents, the two sons will inherit all of her estate. The grandchildren are not Islamically entitled to her inheritance. If the deceased made a Waṣiyyah (bequest) for them, this is valid in up to one third of the wealth.
Allah knows best
Yusuf Shabbir
18 Muḥarram 1445 / 5 August 2023
Approved by: Mufti Shabbir Ahmed and Mufti Muhammad Tahir
