Source: http://qa.muftisays.com/?5508
Question ID: #5508
 
Question: guy has 4 daughter 2 sons now he is dead and anothr daughter has died,now the property is to be dist
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?
 
 
Answered by: Ulamaa ID 04 (London)
Date: 29/08/2021 19:00pm

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 Qamruzzaman

London, UK
 
www.MuftiSays.com