Transactions & Dealings >> Inheritance & Will

Question # : 12561

India

asalam-wali-kum, respected ulma's my grandfather/nana/mothers father birth-1922 were 2 brothers,whose father died at 1938.my nana inherited some property of his father but gave it to his only brother, but due to his hardwork, my nana made his own property .3 houses(residences) n numerous landed property from 1955-1988 till he died.now my nana left behind 2 sons n 1 daughter and a childless second wife.the elder son is divorced old in has so children.the 2nd son was settled in U.K n has 4 sons he died on 2000. the youngest daughter is married n has 3 grown up children.what is division of property among the children and childless 2nd wife of my nana according 2 sharia law.for 3 residences. n 10 plots of different value.

Answer : 12561

Published on: Jun 5, 2009

بسم الله الرحمن الرحيم


(Fatwa: 998/847=D/1430)


 


The maternal grandfather (nana) died in 1988 and he was survived by a childless widow, a childless son, another son who had children and died in 2000, and a daughter. If only the abovementioned people were his heirs by Shariah with no one else, his entire wealth and property whether earned by him or inherited through his father including the three residential houses and other plots, will be distributed in 40 shares. Out of the total shares, the widow of the nana will get 5 shares, the childless son will get 14 shares, the other son will get 14 shares while the daughter will receive 7 shares.


If the childless son is alive, he will receive his shares and will exercise ownership of the same. If he is dead, you will have to provide the detail of his heirs alive at the time of his death, so that their shares are distributed. The shares of the other son, who lived in London and died in 2000, will be distributed among his heirs (like wife, children etc). The daughter of late nana will receive 7 shares. In case, she is also dead, her shares will be distributed among her heirs.



Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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