Inheritance of Grandparents

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1) Paternal Grandfather

  1. His share is 1/6.
  2. When inheriting alone, he gets the entire estate.
  3. Is also among the `asabaat. Meaning, he gets residue (if any) in addition to his 1/6 share, after all other eligible heirs have gotten their shares.
  4. Gets excluded by father (Rule #4 of total exclusion)
  5. The closer generation paternal grandfather excludes the farther generation paternal grandfather. Therefore, grandfather excludes great-grandfather and higher. Great-grandfather excludes great-great-grandfather and higher; and so on.
  6. He is never partially excluded.

As is evident, the rules for the paternal grandfather are pretty much the same as that of the father. The only difference is that, unlike the father, the paternal grandfather can be excluded.

Note that the maternal grandfather is a non-heir.

Example 1: A man dies leaving behind

  • Paternal grandfather
  • 3 Daughters
  • 3 Haqeeqi sisters
  • 2 Haqeeqi brothers

The 3 sisters and 2 brothers are all excluded (Rule #2). Since the 3 daughters receive 2/3, and paternal grandfather gets 1/6, this means there is residue left over (1/6). This residue will be returned to the grandfather. The end result is the following: The daughters share 2/3 equally amongst themselves; Grandfather gets the remaining 1/3 (1/6 + residue).

Example 2: A man dies leaving behind

  • Paternal great-grandfather (Paternal grandfather’s father)
  • Paternal grandfather
  • Maternal grandfather
  • 2 Sons
  • Mother

The maternal grandfather is a non-heir. Paternal great-grandfather is excluded. After the paternal grandfather gets his 1/6 and the mother gets her 1/6, the sons take the residue (since they are from the `asabaat). The sons share the residue equally amongst themselves.
Note that the grandfather does not get the residue this time because the son is present. The grandfather and father only receive residue (in addition to their 1/6 share) if there are no other `asabaat eligible to inherit.

2) Paternal Grandmother

  1. Her share is 1/6.
  2. When inheriting alone, she gets the entire estate.
  3. Is excluded by mother and father (Rule #4).
  4. Closer generation grandmother excludes farther generation grandmothers.
  5. She is never partially excluded.

3) Maternal Grandmother

  1. Her share is 1/6.
  2. When inheriting alone, she gets the entire estate.
  3. Is excluded by mother (Rule #4).
  4. Closer generation grandmother excludes farther generation grandmothers.
  5. She is never partially excluded.

4) Maternal and Paternal Grandmothers Inheriting Together

  1. If multiple grandmothers of the same generation are inheriting together, they share the 1/6 equally amongst themselves.

Example 1: A woman dies leaving behind

  • Paternal great-grandmother (father’s mother’s mother)
  • Maternal great-grandmother (mother’s mother’s mother)
  • Maternal grandmother
  • Father
  • 1 Son

The paternal and maternal great grandmothers are excluded (Rule #5). Maternal grandmother gets 1/6; Father gets 1/6; Son gets residue.

Example 2: A man dies leaving behind

  • Paternal grandmother
  • Maternal grandmother
  • 2 Grandsons

Paternal and maternal grandmothers share 1/6 equally (i.e. each gets 1/12). The 2 grandsons are `asabaat, so they share the residue equally.

Example 3: A man dies leaving behind

  • Maternal grandmother
  • Paternal grandmother
  • Father
  • Daughter

Paternal grandmother is excluded (Rule #4). Maternal grandmother gets 1/6; Daughter gets 1/2; Father gets 1/6 + residue.

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