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Fatwa CenterDied leaving a husband, 2 daughters, 1 grandson and 2 granddaughters
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
(A husband)
-Does the deceased have female relatives who are entitled to inherit :
(A daughter) Number 2
(A granddaughter (from the son)) Number 2
- Additional information
:
Assalam alaykum. We are 2 sisters and one brother. My Father died before his parents. He was the only son and have two sisters. Now my grandmother died who inherited some property from her mother ie maternal property. Does we brother and sisters hold any share in our grandmother's property which she got from her mother?
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.
A son who passed away during the life of his mother is not entitled to any share of her inheritance when she passes away because the dead person has no share of the inheritance. The dead son's children inherit from their grandmother if the grandmother did not have any living son when she passed away, that is, as long as those grandchildren had no living paternal uncle when the grandmother passed away.
If the deceased has no living son, then her son's children, both males and females, are entitled to a share of the entire estate, not only what the deceased had inherited from her mother.
If the deceased has no other heirs entitled to inherit except for a husband, two daughters, one grandson and two grand-daughters, then the husband gets one fourth of the estate as a fixed share because the deceased had children. Allaah The Exalted says (what means): {But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt.} [Quran 4:12]
The two daughters get a total of two thirds as a fixed share. It has been authentically reported that the Prophet allocated two-thirds for the two daughters from the inheritance of Sa‘d ibn Ar-Rabee‘. [Ahmad, Abu Daawood and At-Tirmithi]
Ibn Al-Munthir 
said that Muslim jurists reached a scholarly consensus that if the deceased had two daughters, they receive two thirds of the estate.
The residue of the estate should be divided among the grandson and two grand-daughters by virtue of Ta‘seeb (by virtue of having a paternal relation with the deceased and not having an allotted share, so they get what is left after the allotted shares have been distributed), with the male receiving twice the share of the female. Allaah The Exalted says (what means): {Allaah instructs you concerning your children: for the male, what is equal to the share of two females.} [Quran 4:11]
Therefore, the estate should be divided into forty-eight shares. The husband gets one fourth (twelve shares); the two daughters get two thirds (thirty-two shares), each gets sixteen shares; the grandson gets two shares; and each grand-daughter gets one share.
Allaah Knows best.
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