Your father has the right to inherit from your grandfather

14-1-2010 | IslamWeb

Question:

My grand father was having two sons and left a large property in hyderabad which is used and rented by the younger son for his own gains. My father is living in bombay since last 50 years. Does he have any share in the property. My grandfather died in 1970 Regards

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

 

Your father has the right to inherit from your grandfather because the son is among the relatives who inherit the property of the dead person. This right is not waved off in any case unless there is an impediment to inheriting, like the heir and the dead being of two different religions.

In order to know the share of your father from the inheritance, we advise you to take the case to an Islamic court in your country or present the case orally to the scholars so that they could determine who the heirs are.

If we presume that your grandfather had died and left two sons only, and he did not leave any heir other than them, then his entire property will be divided equally between your father and uncle. Your father has also the right to a share of the rent from those properties and your uncle has no right to appropriate the rent for himself only.

Allaah Knows best.