Transactions & Dealings >> Inheritance & Will

Question # : 164778

India

My maternal grandfather who expired last year left some agricultural land and a house and some other plot, my mother and maternal uncle are two heirs (of my nana) my mother has been married since 1986. My uncle doesn't want to share that said property (which is self acquired by my nana) what does Qur'an and Shariah law in this regard. Please give fatwa over it.

Answer : 164778

Published on: Oct 16, 2018

بسم الله الرحمن الرحيم



(Fatwa: 1442/1287/D=01/1440)



 



Your maternal grandfather has two Shariah heirs i.e. one son and one daughter. Your maternal grandmother had already died during his lifetime. Similarly, if the parents of your maternal grandfather are also not alive then all the property of your maternal grandfather shall be divided after paying those rights that are due to be paid first for example the expenses of tajhiz and takfin (funeral rites) will be paid from his leftover property. Further, if the deceased had some loan from someone it shall be repaid and then his lawful will if any shall be executed from one third of the remaining one. Then what is left shall be divided into three shares, out of which 2 shares shall go to son (your mamu) and one share shall go to daughter (your mother). It is sin on part of your mamu not to give your mother’s share. It is usurping other’s right, the holy Quran has fixed the shares of the daughters, so if one violates it he shall get severe punishment in hereafter. Thus your mamu should fear Allah and the accountability of hereafter.




Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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