Grandson’s Right in the Inheritance of His Grandfather
Source: Fatāwā Rāshidiyyah, p. 586
Question:
The deceased, Suzal, had six sons:
◈ Jān Muḥammad
◈ Khudā Bakhsh
◈ Muḥammad Yūsuf
◈ Muḥammad Yaʿqūb
◈ Jarīyo
◈ Muḥammad Ḥayāt
And he had one daughter.
During Suzal’s lifetime, his daughter and two of his sons (Jān Muḥammad and Khudā Bakhsh) passed away, as did his wife.
Suzal owned a residential plot, which is currently occupied by his grandson Dodo, the son of Jān Muḥammad. The question is: who is the rightful heir of this plot?
Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ʿammā baʿd!
According to the details given, Suzal is the grandfather and Dodo is his grandson. Under the Sharīʿah of Muhammad ﷺ, a grandson does not inherit directly from his grandfather in the presence of the grandfather’s living sons. Hence, this plot does not go to Dodo.
The rightful heirs of the plot are Suzal’s living sons. Therefore, the property must be distributed equally among:
◈ Muḥammad Yūsuf
◈ Muḥammad Yaʿqūb
◈ Jarīyo
◈ Muḥammad Ḥayāt
Those sons who passed away during their father’s lifetime, along with their children, do not receive a share while the deceased’s other sons are alive.
ھذا ما عندی واللہ أعلم بالصواب
