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Grandson inheriting a house from his grandmother as part of will

Fatwaa ID: 008

Question:

Can a grandson inherit a house from his grandma? (her sons are still alive)

She made out a will stating that the house will be left to him when she passes on. This was uttered to the sons infront of many people by her.

Answer:

In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

In principle, a bequest may be made only for a non-heir[1]. A bequest in favor of an heir is invalid[2].

In the enquired situation, the grandson will inherit the house bequeathed to him in the will, as long as the value of the house does not exceed one-third of the entire estate. If the value of the house exceeds one-third of the estate, he will become the owner of only one-third of the value of the estate in the house. The heirs will be entitled to the balance of the value of one-third of the house. The heirs may decide to gift their share of the house to the grandson[3]

And Allaah Ta’aala Knows Best
Muajul I. Chowdhury
Student, Darul Iftaa
Astoria, New York, USA

Checked and Approved by,
Mufti Ebrahim Desai.

05/01/2018

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين


[1]  احسن الفتاوى (9/ 292)

كفاية المفني (8/ 410)

[2]  السراجى فى الميراث للسجاوندى (ص: 2)

 تتعلق بتركة المية حقوق اربعة مرتبة……..ثم تنفذ وصاياه من ثلث ما بقي بعد الدين

[3] الفتاوى الهندية  (6/ 109)

ولا تجوز بما زاد على الثلث إلا أن يجيزه الورثة بعد موته وهم كبار ولا معتبر بإجازتهم في حال حياته

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Disclaimer

Darul Iftaa New York answers questions on issues pertaining to Shari’ah. These questions and answers are placed for public view on askthemufti.us for educational purposes. The rulings given here are based on the questions posed and should be read in conjunction with the questions. Many answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation. 

Darul Iftaa New York bears no responsibility with regard to its answers being used out of their intended contexts, nor with regard to any loss or damage that may be caused by acting on its answers or not doing so.

References and links to other websites should not be taken as an endorsement of all contents of those websites. 

Answers may not be used as evidence in any court of law without prior written consent of Darul Iftaa New York.