Friday | 27 November 2020 | 12 Rabiul-Thani 1442

Fatwa Answer

Question ID: 1228 Category: Dealings and Transactions
Inheritance Distribution

Assalaam Walaikum,

I have a question regarding inheritance and it will be very helpful if it can be answered.

Our father passed away and we did not know that our grandfather was entitled to 1/6th of the property our father left behind so this was not accounted for when the property was distributed. It has been 3 years since our father's demise and our grandfather is also no more. He passed away a year ago.

Now, it has been brought to our attention that our grandfather's share should be divided between my father's siblings. Does this hold true? Our uncles/aunts have brought this to our attention 1 year after our grandfather's demise. As he is no more should his share be taken out now? Should it be given to my father's siblings? If the share needs to be taken out, will it hold for the properties sold before my grandfather's demise and for the ones that are sold after his demise as well? Please help us make the correct Islamic decision here.

 

بسم اللہ الرحمن الرحیم

الجواب وباللہ التوفیق

The grandfather will also have a share in your father's inheritance, provided your father had left male offspring.

If you are his son, then your grandfather's share will be one-sixth, according to shari'ah.

Therefore, you should give one-sixth of the father's property to the heirs of the grandfather and ask them to distribute it according to the Shari'ah.

All wealth and property your grandfather owned at the time of his death, will be distributed as inheritance, whether it be of property sold before his death or after his death and be that in the form of cash or property or any other form.

فقط واللہ اعلم بالصواب