She died and left behind two daughters, grandsons (son’s sons), and nephews and nieces; how should the estate be divided?

Question: 200453

Our great grand mother Fathima has got some property which she inherited from her father, Great grand mother Fathima was survived by only 2 daughters a)Razia b)Sakina and the only son of Fathima by name Ibrahim predeceased her with a Son Zubair and a daughter Tahera( i.e a grand son and a grand daughter). Fathima also died her brothers and sisters also died but there childrens are alive.

How the property of Fathima will be divided, Razia and Sakina will get 1/3 rd each as sharers and what will happen to remaining 1/3 rd, will it go to Zubair and tahera or it will go back to Razia and sakina or to heirs of brothers and sisters of fathima. Please it is urgent, Kindly answer asap. It is granmothers property not grand fathers.

Answer

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

If a woman dies and leaves behind two daughters, a son’s son (grandson), a son’s daughter (granddaughter) and nephews and nieces (children of her siblings), then the estate is to be divided as follows:

The two daughters (Razia and Sakinah) get two thirds, because Allah, may He be exalted, says (interpretation of the meaning):

“if (there are) only daughters, two or more, their share is two thirds of the inheritance”

[an-Nisa’ 4:11].

The rest of the estate goes to Zubair and Tahera as relatives on the father’s side, with the male getting twice the share of the female.

The nephews and nieces do not get anything.

And Allah knows best.

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