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Does my grandmother have a share in the property left by my father?

Q:

My mother is a widow. My father left handsome amount of property officially nominated all that to my mother and his three daughters. Im one of them no son. Now is there any right of my grandmother (fathers mother, she is alive) in that property. Although she has never asked for and and is good financially has other sons. Should my mother give her a part from that property to my grand mother or no.

A:

Salamun Alaykum

Thank you for your query.

The inheritance should be divided according to the Shar’iah laws. If your father had already gifted the item, land, or money in his lifetime to your mother or his children then that will be excluded and all the remaining wealth and property has to be distributed according to the Islamic laws. And if there is no will, then all the wealth and property must be distributed according to the inheritance laws.

But as you mentioned your father had already gifted in his lifetime, so all those wealth and property belongs to your mother of whomsoever your father had gifted.

The remaining wealth for which he hasn’t gifted must be divided according to the inheritance laws.

According to Ayatullah al-Udhma Sayyid Ali Sistany:

Ruling 2755. If the only heirs of the deceased are his father or his mother and a number of daughters, the estate is divided into five parts: one part is inherited by his father or mother and four parts are divided equally among his daughters.

If your case differs from the above mentioned rulings, then please visit the following link for the other cases: https://www.sistani.org/english/book/48/2369/

May Allah(swt) grant you success

Wassalam,

Syed Haider