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Do nieces and nephews entitled to inherit from maternal grand parents?

Inheritance,Inheritance,Do nieces and nephews entitled to inherit from maternal grand parents?

Fatwa No :
78034
| Date :
2024-09-12

Fatwa No : 78034
Do nieces and nephews entitled to inherit from maternal grand parents?
معاملات / ترکات / احکام وراثت

Do nieces and nephews entitled to inherit from maternal grand parents?

I wish to know that my mother has passed away and her parents have properties. So, do my brother and I have any rights over the properties? My maternal relatives say that my mother has passed away and, she has no share in it. My mother passed away after my grandparents passed away.

الجوابُ حامِدا ًو مُصلیِّا ً

It should be clear that if a son or daughter is alive at the time of the death of the parents and dies later, then in such a case, according to Sharia, the children of the deceased son or daughter will share in the inheritance of the paternal and maternal grand parents, through their father and mother. Therefore, in the case mentioned here, if the mother of the deceased was alive at the time of the death of her deceased parents, then in such a case, the siblings of the questioner will be entitled to the Sharia share of their mother. Therefore, it is not permissible according to Sharia for the maternal uncles not to give their nephews and nieces their Sharia share, but rather it is a sin and a great offense that must be avoided at all costs. Otherwise, the siblings of the deceased will also be entitled to legal action to recover their right.

مأخَذُ الفَتوی

کمافی رد المحتار تحت( قولہ:ھی علم باصول الخ)و شروطہ : ثلاثۃ : موت مورث حقیقۃ ، او حکما کمفقود او تقدیرا کجنین فیہ غرۃ و وجود وارثہ عند موتہ حیا حقیقۃ او تقدیرا کالحمل الخ (کتاب الفرائض ج 6 صــــ 75 ط:سعید)۔

And Allah knows best
ظفراللہ نعمت عُفی عنه
دار الافتاء جامعه بنوریه عالمیه
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