Transactions & Dealings >> Inheritance & Will

Question # : 32394

India

Our Grandfather expired in 1986 leaving behind our grandmother, 5 sons and 4 daughters. He had one house. House property was purchased in the name of elder son's wife, second son and our grandmother only for income tax purpose in 1977 and there is a criminal case still pending in the court because our income tax advocate fraudulently took the cheques in the name of other three sons and the amount was invested to construct the building. All the money was our grandfather's.
One son expired in 1997 leaving behind one wife and daughter. Now our grandmother, all the sons' families, one divorced daughter , widow and daughter of deceased son are living in the building.
How will this property be distributed in all the heirs?
Are the persons' in whose name the plot is(only for income tax purpose), considered as actual owners or custodians(amanatdars) ?
Does the age difference between the children of our grandfather have any bearing on the inheritance(difference 20 years)?

Answer : 32394

Published on: Jun 4, 2011

بسم الله الرحمن الرحيم


(Fatwa: 1139/H=416/TH=1432)

The house of grandfather and all his property mentioned above in the question became inheritance which shall be divided among the live heirs of the deceased as per their shares. The ruling about the inheritance of the deceased grandfather 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 2304 shares. Each son of the deceased grandfather shall get 298-298 shares and each daughter 149-149 shares, the wife of deceased grandfather 336 shares, the wife of deceased son 36 shares and the daughter of deceased son 144 shares, as per the following details:

Detail:
Wife: 1x336 = 0336
Son: 4x298 = 1192
Daughter: 4x149 = 0596
Wife of the deceased son: 1x036 = 0036
Daughter of the deceased son: 1x144 = 0144

Total: 2304 Shares


Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

Related Question