Transactions & Dealings >> Inheritance & Will
Question ID: 40175Country: Pakistan
Answer ID: 40175
Bismillah hir-Rahman nir-Rahim !
(Fatwa: 633/670/N=1433) (1 & 2) Only the children will inherit who are alive at the time of their father’s death and those who died in the life of their father they will have no share. It is so mentioned in the books of Faraidh. Hence in the land and property of the grandfather (Nana) and grandmother (Nani) you cannot get any share and right through your mother as she died in the lifetime of your Nana and Nani as you have mentioned in the question. Moreover, as per the question you cannot directly inherit from your Nana and Nani because in the presence of real children the grandson and granddaughter (nawasa and nawasi) are not entitled to receive any share, so it is mentioned in the book of Faraidh. In short, you do not have any share in the property of your Nana and Nani as per the Shariah, thus the stay got by your brother from the court is unlawful. He should do taubah and istighfar and seek pardon from his mamu etc and get the stay order cancelled as well.
Allah (Subhana Wa Ta'ala) knows Best
Darul Ifta,
Darul Uloom Deoband, India