Transactions & Dealings >> Inheritance & Will

Question # : 12090


Assalaam Alaikum, A Man dies leaving behind a wife and two daughters from the wife.He has left behind him some self aquired property. After his death , his brother's sons ( bhatijay ) have demanded a share from the property,even though their father, i.e.; the deceased man's brother died much before him. Earlier, during the deceased man's lifetime, these nephews demanded a share in his property claiming joint ownership of the business between their father and the deceased man.However, the same was rejected in a court of law , by virtue of proofs,evidences and records. Is this claim , now,by the nephews, allowed?,even after the death of their father? Are the nephews entitled to any share of the inheritance from their uncle's ( deceased man )property in the absence of their father? The deceased man did not have any liking for them during his lifetime as they embroiled him in unnecessary and unwanted legal controversies. Your answer in this regard shall be highly appreciated.

Answer : 12090

Published on: May 24, 2009

بسم الله الرحمن الرحيم

(Fatwa: 807/768=B/1430)


In the case mentioned above, if there is no other heir except the wife and two daughters, the nephew (son of brother) will deserve 5 shares out of total 24 shares, while each daughter will receive 8 shares (both will get 16 shares) and the wife will get 3 shares.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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