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His grandfather died leaving only his father and his uncle

Question

What do the Scholars say about the following question? My grandfather, Late Saeed Hasan, passed away 60 years ago. At the time of his death, his wife i.e. my grandmother and his 2 sons, Hafiz Syed Qasier Naseem and Syed Shariful Hasan were present. After that, my grandmother passed away in 1985. At the time of her death, his two sons Hafiz Syed Qaiser Naseem and Syed Shariful Hasan were present. Then my father, Hafiz Syed Qaiser Naseem passed away in 1993. Kindly let me know in the light of Quran and Sunnah how the total property and assets will be distributed among the two sons of my grandfather, Late Saeed Hasan. I will be very thankful to you Eagerly waiting for your reply Seeking your good cooperation Thanks Syed Mohsin Naseem S/o Late Hafiz Syed Qaiser Naseem Address: L-27, Abul Fazl Enclave Jamia Nagar, OKhla New Delhi – 110 025 Mob: +91 9716928632

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

First of all, you should know that dividing the inheritance correctly requires determining the heirs correctly; the heirs (who are entitled to inherit according to Sharee’ah) among the men exceed ten, and among the women they are eleven, so it might be that there is an heir whom you did not mention because you think he is not entitled to inherit.

Hence, our answer to you is based on the assumption that there is no heir except those mentioned in the question. So, if your grandfather left behind no heir except his wife and his two sons, and then his wife died and left behind no heir except her two sons, then the inheritance of the grandfather should be divided between his two sons directly as if he died and did not leave a wife. In which case, his inheritance should be divided into two shares: one share for each son.

As regards the share of your father, it should be divided amongst his heirs. However, you did not mention to us who are his heirs so that we can clarify how his inheritance should be divided.

Allaah Knows best.

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