Inheriting from Maternal Grandmother When Maternal Aunts and Uncles Are Living

Hanafi Fiqh

Answered by Shaykh Faraz A. Khan

Question: My husband’s mother passed away in the early 2000’s. His maternal grandmother passed away recently. My husband’s maternal uncles and aunts are awarding him property as he would have inherited had his mother been alive at the time of his grandmother’s death.

My husband’s question is can he inherit his grandmother’s property in this manner?

 

Answer: Assalamu alaikum wa rahmatullah,

I pray this finds you in the best of health states.

Your husband would not inherit in this scenario. Your uncles/aunts have no obligation to give him any of their rightful shares of inheritance. This should be made completely clear to them, so there is no pressure whatsoever on anyone to give up his/her right or a portion thereof. If anything has already been given, it must be returned immediately.

Aside from this, however, if any of the heirs wishes to give a gift to your husband, that would be fine.

And Allah knows best.
wassalam
Faraz

Checked & Approved by Faraz Rabbani