The Grandsons do Not Inherit From Their Grandfather Along With Their Uncles
Question :
Do the grandsons inherit from their grandfather along with his sons?
Answer:
The grandsons do not inherit from their grandfather along with their uncles, because they are excluded by them, according to the consensus of the scholars.
Question :
A man died before his father and he has sons and brothers. After this, his father died; do the sons have a right to inherit from their grandfather, or not?
Answer:
The grandsons do not have any inheritance along with their uncles, the sons of the deceased, according to the consensus of the Muslims, based upon the words of the Prophet:
"Pay Al-Fara'idh to those who have the right to it, and regarding what remains, it is for the most deserving male."[1]
And the meaning of his words: "the most deserving male" is the closest of his kin and there is no doubt that the sons are nearer to the deceased than the grandsons, unless he bequeaths something to them up to a third or less, then there is no objection to that if the bequest is confirmed by legal evidence.
Source:
Ibn Baz
Fatawa Islamiyah, Vol. 5 Page 89
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