Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
My Grandfather had 2 Wives. 1st Wife had 2 sons & 2 Daughters. 1st Wife died & my Grandfather married again. 2nd Wife had 3 Sons & 2 Daughters. My Father who was the Son of 1st Wife died before my Grandfather died. I was elder Son & at time of my Father’s death my age was only 12 years. Before my Father died my Grandfather was already on bed with paralysis. Neither he could speak nor move out of bed. But the 2nd Wife of my Grandfather did not even tell my Grandfather about my Father’s death nor did she allow meeting us. After my Father’s death after 8 months my Grandfather died leaving behind crores of properties. As soon as my Grandfather died the 2nd Wife i.e. our Step Grandmother threw us (including my mother, my 3 younger brothers and 2 younger sisters) out of the palatial bungalow into one room. My Grandfather died leaving Wakf properties from which they give only Rs. 3000/- per month. My Grandfather also left behind Charities to help the Orphans & Poor. But we were Orphans & did not get from the Family money & the rest of the world is getting money from my Grandfather’s Charity. My uncles i.e. my Father’s real Brothers are getting their Inheritance money, but we are not getting any. What is our share in Inheritance properties, Wakf properties & Charities properties left by my Grandfather according to Islam ?
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In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.
Shariah Law prescribes that the ‘ashaab-ul-faraidh’ or the legal heirs of the deceased are the father, mother, wife, sons and the daughters of the deceased.
Unless and until the grand-father bequeaths a portion of his wealth unto his grand-children in a separate will, the grand-children of the deceased are not entitled to any share in the wealth left behind by their deceased grand-father according to Shariah Law.
If your father was alive at the time of the death of his father, he would indeed receive a share from the wealth left behind by his deceased father (your grandfather); but since your father died before the death of your grandfather, you (the grandchildren) are not your grand-father’s legal heirs, and thus not entitled to any share of the wealth left behind by him.
Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,