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Fatwa CenterCases when the paternal grandfather is a rightful heir
Question
under what conditions does a grandfather inherit from his granson after the latter's death?
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, is His Slave and Messenger.
The grandfather from the mother’s side, i.e. the mother’s father, is not entitled to inherit from his grandchildren (his daughter’s son or daughter). The grandfather from the mother’s side is not among the eligible heirs entitled to inherit from his daughter’s children.
As to the grandfather from the father’s side, i.e. the father’s father, he is entitled to inherit from his grandson or granddaughter on one condition: that the father is deceased. If the grandchild passed away in the lifetime of his father and grandfather (from the father’s side), then the grandfather is not entitled to any share in the estate because he is totally excluded by the presence of the father.
In brief, the grandfather from the father’s side is entitled to inherit from his grandchild only in case the deceased’s father is dead, as long as there are no other religious impediments that prevent him from inheritance. There are three impediments to inheritance: killing (if he killed his grandchild), slavery (if he is a slave), and difference in religion (between both of them).
Allaah Knows best.
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