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guy has 4 daughter 2 sons now he is dead and anothr daughter has died,now the property is to be dist

Last updated: 25th May 2021
Question ID: #5508
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My grandfather had 4 daughters and 2 sons when died and my grandmother was alive.now during the life of our grandmother one of her daughter(my aunt) died and now my grandmother has passed away.Now does the share of deceased daughter(my aunt) exist and given to her children?


بسم الله الرحمن الرحيم

الجواب حامداومصليا

In the case scenario, your deceased aunt share from her mother does not exist as she passed away before her. It is a condition for the inheritor to be eligible to receive inheritance whilst alive at the death of the deceased.

However, your deceased aunt share from her father exist and with any property wealth she has can be distributed to her children.

إن شرط الإرث وجود الوارث حيا عند موت المورث
(رد المحتار ،٦/٧٦٩،كتاب الفرائض ،سعيد)


And Allah knows best

23 Dhul Qa’dah 1442/ 03 July 2021
Mufti
Answer last updated on:
29th August 2021
Answered by:
Ulamaa ID 04
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Location: London
Mufti Qamruzzaman

London, UK