Estate Including Deceased Heirs

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Q: My late great grandfather had a property and was recently sold. The monies need to be distributed. My late great grandfather had 2 daughters and 3 sons; Only 1 daughter is alive, the other children are late. My question is: when calculating the ratios for inheritance will the shares be given to the families of the children that are deceased, who will in turn distribute the monies accordingly within the particular family branch? So for example one of my great grandfather's daughter had 5 children, will a share be given to these 5 children to be distributed according to Islamic Law.

A: When your great grandfather died his estate was inherited by his 2 daughters and 3 sons. These five individuals owned the property to the ratio of 2:1. Each son owned 25 percent of the property, while 12.5 percent was owned by each daughter. The property was not sold so that means that none of his heirs had received any money in cash during their lifetime. Later on three sons and one daughter passed away, while one daughter remained. Now when the property is sold the surviving daughter will receive her share of 12.5 percent, while the surviving heirs of your great grandfather’s children who had passed on, i.e. the three sons and one daughter, will receive the shares of their respective parents. The heirs of your great grandfather’s children will be their wives, if still alive, and their sons and daughters who are alive. 

And Allah knows best

Mufti Aadil Moosagie

Checked and approved by: Mufti Siraj Desai