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Fatwa CenterThe inheritance of a mother and a grandson (from the son)
Question
Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A grandson from the son) Number 1 -Does the deceased have female relatives who are entitled to inherit : (A mother) (A full sister) Number 1
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 
is His slave and messenger.
If the deceased did not leave any other heir than those mentioned in the question, then the mother gets one-sixth as a prescribed share due to the existence of children (sons or daughters) of the deceased, or children of sons (down to all levels). Allaah says (what means): {...And for one’s parents, to each one of them is a sixth of his estate if he left children...}[Quran 4:11]
However, the full-sister is not entitled to any share of the inheritance because she is prevented by the existence of the grandson.
Therefore, the inheritance should be divided into 6 shares, the mother gets one-sixth, which is 1 share, and the remainder is for the grandson (i.e. he gets 5 shares).
Finally, it should be noted that the matter of inheritance is very complex, so a mere Fatwa which is an answer issued according to a received question is not sufficient. Rather, the matter should be referred to an Islamic court to look into the case and investigate, as it might be that there is an heir who would not be known except after investigation, and there might also be bequests, debts, or other dues that are not known to the heirs. It is known that these rights come in priority over the right of the heirs in the inheritance. Therefore, the inheritance should not be divided into shares without resorting to an Islamic court, if any, in order to fulfill the interests of the dead and living people.
Allaah Knows best.
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