Giving some children somewhat less and others somewhat more

Question

Question: (1) Mujib al-Rahman has two sons, Lashkar Ali and Gauhar Ali. Lashkar Ali has four sons — Imdad Ali, Siyarat Ali, Jahangir Ali and Munawwar Ali — and four daughters — Azizan, Kulthum, Zaynab and Maryam; and Gauhar Ali has only one son, Sudhan Ali. While everyone was still alive, Lashkar Ali and Gauhar Ali suddenly passed away, and all the property was at that time still in the possession of Mujib al-Rahman: he was the owner of the land and estate.

Answer

(1) At the time of Mujib al-Rahman’s death no son or daughter is living, only grandsons and granddaughters; so they are all heirs of the grandfather: a grandson will receive a double share and a granddaughter a single share; Sudhan Ali is an equal partner just like the sons of Lashkar Ali. (2) If the grandfather, in his health, before (the terminal illness — marad al-wafat)

Source: Fatawa Mahmudiyya

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