Inheritance of Children and Grandchildren

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1) Son(s)

  1. The son is an `asbah, and hence will automatically inherit the entire estate if inheriting alone. Multiple sons will share in the estate equally if there are no other heirs.
  2. He gets residue when inheriting with other heirs. Multiple sons share the residue equally.

2) Daughter(s)

  1. If there is one daughter, her share is 1/2.
  2. If there are two or more daughters, they share 2/3 equally.
  3. When she is the only heir, she inherits the whole estate. Multiple daughters share the estate equally if there are no other heirs.

3) Son(s) and Daughter(s) Inheriting Together

  1. If son(s) and daughter(s) are inheriting together, they both become `asabaat (see the post How Some Zaawil Furoodh Relatives Become `Asabaat) and share the residue, with each son getting twice as much as each daughter. In other words, they share the residue in a 2:1 ratio.
  2. If only son(s) and daughter(s) are inheriting, with no other heirs, they share the entire estate in a 2:1 ratio.

Note: The 2:1 distribution rule will be explained fully in a later post, insha’Allah.

Example 1: A man dies leaving behind

  • 5 Sons
  • 3 Haqeeqi brothers
  • 2 Akhyaafi sisters

Only the son’s will inherit in this case, the haqeeqi brothers and akhyaafi sisters are all excluded (Rule #2). The 5 sons will share the entire estate equally amongst each other.

Example 2: A woman dies leaving behind

  • Father
  • 4 Sons

Father gets 1/6; The remainder of the estate is divided into four equal portions, each son receives one portion.

Example 3: A man dies leaving behind

  • Mother
  • 3 Daughters
  • 2 Akhyaafi brothers
  • Haqeeqi paternal uncle

The 2 akhyaafi brothers are excluded (Rule #8); Mother gets 1/6; The 3 daughters share 2/3 equally; Haqeeqi paternal uncle gets residue.

Example 4: A woman dies leaving behind

  • Father
  • 3 Sons
  • 2 Daughters

Father gets 1/6; The 3 sons and 2 daughters will share the residue in a 2:1 ratio (i.e. each son gets twice the share of each daughter).

Example 5: A man dies leaving behind

  • 4 Sons
  • 6 Daughters

The entire estate will be shared in a 2:1 ratio between the sons and daughters.

4) Grandson(s)

  1. The grandson is an `asbah, and hence will automatically inherit the entire estate if inheriting alone. Multiple grandsons will share in the estate equally if there are no other heirs.
  2. He gets residue when inheriting with other heirs. Multiple grandsons share the residue equally.
  3. He is excluded by son (Rule #3).

5) Granddaughter(s)

  1. If there is one granddaughter, her share is 1/2.
  2. If there are two or more granddaughters, they share 2/3 equally.
  3. When she is the only heir, she inherits the whole estate. Multiple granddaughters share the estate equally if there are no other heirs.
  4. She is partially excluded to 1/6 when inheriting with exactly one daughter. Multiple granddaughters will share the 1/6 equally.
  5. She is excluded by two or more daughters (Rule #6).
  6. She is excluded by son (Rule #3).

6) Grandson(s) and Granddaughter(s) Inheriting Together

  1. If both grandson(s) and granddaughter(s) are inheriting together, they both become `asabaat (see the post How Some Zaawil Furoodh Relatives Become `Asabaat) and share the residue, with each grandson getting twice as much as each granddaughter. In other words, they share the residue in a 2:1 ratio.
  2. If only grandson(s) and granddaughter(s) are inheriting, with no other heirs, they share the entire estate in a 2:1 ratio.

Example 6: A woman dies leaving behind

  • Husband
  • 1 Allaati nephew
  •  1 Granddaughter

Granddaughter gets 1/2; Husband gets 1/4; Allaati nephew gets residue.

Example 7: A man dies leaving behind

  • 2 Wives
  • 3 Haqeeqi sisters
  • 2 Grandsons
  • 2 Granddaughter

The haqeeqi sisters are excluded (Rule #2); the 2 wives share 1/8 equally; the 2 grandsons and 2 granddaughters share the residue in a 2:1 ratio.

Example 8: A woman dies leaving behind

  • Husband
  • 2 Sons
  • 2 Daughters
  • 3 Grandsons
  • 2 Granddaughters

The grandsons and granddaughters are all excluded (Rule #3); Husband gets 1/4; the 2 sons and 2 daughters share the residue in a 2:1 ratio.

7) Daughter(s) and Grandchildren Inheriting Together

  1. If a daughter inherits with a grandson, the daughter gets 1/2 while the grandson gets residue. Multiple grandsons will share the residue equally.
  2. If two or more daughters inherit with a grandson, the daughters share 2/3 equally while the grandson gets residue. Multiple grandsons will share the residue equally.
  3. If a daughter inherits with a granddaughter, the daughter receives 1/2 while the granddaughter gets 1/6. Multiple granddaughters will share the 1/6 equally. The reason for this ruling is that the share of the daughter and granddaughter(s) must add up to 2/3. We already know that a single daughter receives 1/2, so this leaves 1/6 for the granddaughter(s); 1/2 + 1/6 = 2/3
  4. Two or more daughters exclude strictly granddaughters (Rule #6), hence only a single daughter can inherit with any number of granddaughters. This rule of exclusion should now make sense given the explanation of point #3 above. The share of daughter(s) and granddaughter(s) must add up to 2/3. If two or more daughters are present with any number of granddaughters, the daughters will receive 2/3, and this leaves zero for the granddaughters. 2/3 + 0 = 2/3. The result is that the granddaughters are excluded.
  5. If a daughter inherits with both grandson(s) and granddaughter(s), the daughter receives 1/2, while the grandson(s) and granddaughter(s) share the residue in a 2:1 ratio.
  6. If two or more daughters inherit with both grandson(s) and granddaughter(s), the daughters receive 2/3 (to be shared among them equally), while the grandson(s) and granddaughter(s) share the residue in a 2:1 ratio.

Note: The question of son inheriting together with grandchildren does not even arise, as the son excludes all grandchildren (Rule #3).

Example 9: A woman dies leaving behind

  • Father
  • Maternal grandmother
  • 1 Daughter
  • 3 Granddaughters

Father gets 1/6; Maternal grandmother gets 1/6; the daughter gets 1/2; the 3 granddaughters share 1/6 equally amongst themselves.

Example 10: A man dies leaving behind

  • 2 Wives
  • Maternal grandmother
  • 4 Daughters
  • 3 Grandsons
  • 1 Granddaughter

The 2 wives share 1/8 equally; maternal grandmother gets 1/6; the 4 daughters share 2/3 equally; the 3 grandsons and 1 granddaughter share the residue in a 2:1 ratio.

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