If a man dies before his parent, does his wife and children inherit his share ahd he lived?
Question
If a man dies before his parent, does his wife and children inherit his share ahd he lived? A widow has three sons. When she dies, each son should get one third share of her estate. If one of the sons dies before she does, then does the deceased son’s family inherit his one third share? What is the ruling if the deceased son has a wife and a son or a wife and a daughter?
Answer
According to the Shari’ah laws of inheritance and succession, the predeceased son does not inherit. His wife and children will not be substituted in his place to inherit his share. The widow may make a bequest to the maximum of 1/3 of her estate in favour of her daughter-in-law (predeceased son’s wife) and grandchildren.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
- Answered by
- Mufti Ebrahim Desai
Fatawa SA is an independent, read-only index of fatawa already published by Darul Iftaa Mahmudiyyah (AskImam). It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.