Transactions & Dealings >> Inheritance & Will

Question # : 30228

India

assalamu walaikum warahmatullahi wa barkatahu.
my mother's father had left 12 aceres of farm land. he has 7sons & 3 daughters and 1wife. he expired in 1989. 1 week back the was sold for 2.05 crores and was distrubuted as 14lacs each for 3 daughters and 14 lacs for my grandmother & the remaining to all the 7 sons. my grandfather has also has a bus route which if sold will cost upto 50 to 75 lacs and a shop worth 15 to 20 lacs and a house in my grandmothers name if sold will cost upto 75 lacs. before selling of land they told us they are only selling land and the other property will be distributed later after they only 14lacs(share from land only) and the remaining property will be only for 7 sons. kindly tell me is it according to sharia. if not please give me the solution. my grandmother and one of my uncle has performed haj will haj get kabool are not.?

Answer : 30228

Published on: Feb 14, 2011

بسم الله الرحمن الرحيم


(Fatwa: 511/H=181/th=1432)

Your grandmother is now alive; whatever is in her possession its division is not wajib on her. However, all the property and other things that were in the possession of the deceased grandfather (nana) became his inheritance and it is wajib to divide it as soon as possible. The method of it is that after paying of the due rights preceding inheritance and provided the details of the heirs are correct, all the property of the deceased grandfather shall be divided into 136 shares. The widow of the deceased shall get 17 shares, each son 14-14 shares and each daughter 7-7 shares, as per the following detail:

Detail:
Wife: 1x17 = 17
Son: 7x14 = 98
Daughter: 3x7 = 21
Total: 136 Shares

Note: The property of the deceased grandfather should be divided according to what we have written. If the grandmother and maternal uncle did not have any wrong intention and they did some mistake due to lack of correct knowledge, which they shall make up now, then in-sha-Allah they shall not be deprived of the acceptance of Hajj.


Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

Related Question