Transactions & Dealings >> Inheritance & Will

Question # : 1523

India

I worked as a govt. Servant on a big post & earned money equal to my husband, we both acquired some property out of our earnings; my husband did not inherit anything from his father & fore fathers. I have only 1 daughter, my husband expired suddenly due to heart failure. Soon after his death his brother and four sisters who are well settled abroad have sent a legal notice to me regarding their share. I want to know which share they are asking.

Answer : 1523

Published on: Sep 24, 2007

بسم الله الرحمن الرحيم


(Fatwa: 895/895=J)


 


Inheritance is not only in the land and property of father and grandfather, but it is executed in every thing that is owned by the dead at the time of his death; whether it is inherited from father and grandfather or earned by him or received from any other source. Inheritance takes place in every thing owned by the dead. In aforesaid case, the inheritance will take place only in your husband?s share of the property (purchased by you and your husband) and in every thing that was owned by him at the time of his death. So, in above mentioned case, if your husband did not leave any son, grandson, father and grandfather then his brothers and sisters also will inherit from him. If they are only one brother and four sisters then his entire property, after all due rights preceding the inheritance, will be distributed in 16 (sixteen) shares; out of which you (wife) will get 2 shares and the daughter will receive 8 (eight) shares while the one brother will get 2 (two) shares and each sister will get 1 (one) share.


 


It is to be noticed that if there are some other heirs of your husband other than those mentioned above then ask the question again giving related details.



Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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