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Inheritance and dying before one’s parents

Fatwaa ID: 1672

Question:
Salam alaykum.
If xyz person is to receive inheritance from his parents but dies before them. Can the children of xyz person receive the inheritance from the grandparents on his behalf?

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

An heir is only entitled to receive a share of someone’s estate if he is alive at the time of the demise of that person. If a person predeceases his parents, then he is not entitled to anything from his parents’ estate nor will his children or family inherit his parents on his behalf. The parents of the deceased who are alive will however receive a share of his estate.

It is a different issue that the grandchildren may inherit the grandparents in the absence of any male children of the grandparents. That is not on behalf of the deceased parent. You may revert to us with a full list of who the survivors are, and we will advise accordingly.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

02/07/1445 AH – 08/24/2023 CE | AMG1-3376

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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