Inheritance of three sons and a daughter

29-1-2013 | IslamWeb

Question:

Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A son) Number 3 (grandson (from the son)) Number 3 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 1 (A granddaughter (from the son)) Number 6 - The will which the deceased left behind and that is related to his inheritance is : Give daughter equale part of son

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

The extra amount which the deceased willed to the daughter  is a bequest for an heir that should not be fulfilled except with the consent of the other heirs. Consent of the heirs is valid only if they are adults and mature enough.

If the deceased did not leave any heirs except those mentioned in the question and they did not approve the bequest or are still minors, then the estate should be divided among his three sons and one daughter only by Ta’seeb (by virtue of having a parental relation with the deceased and not having an allotted share, so they get what is left after the allotted shares have been distributed); the male twice the share of the female, as Allaah The Almighty Says (what means): {Allaah instructs you concerning your children: for the male, what is equal to the share of two females.}[Quran 4:11]

Grandsons and granddaughters will get no share in the inheritance because they are prevented from inheriting by the existence of the direct son of the deceased.

Accordingly, the estate will be divided into 7 shares; 2 shares for each son and 1 share for the daughter.

Allaah Knows best.