• Transactions & Dealings >> Inheritance & Will

    Question ID: 58674Country: India

    Title: Property issue

    Question: I humbly request your kind advise on property dividing. As my grandfather has two house (Each house measurement is 3600 sqft and another one is 4200 sqft and land is 1474 sq ft and 330 sq ft is measurement. My grandfather has 4 sons and 04 daughters in which my father was elder son and he died 19.8 years back. As per my grandfather’s verbal communication to all my family members was to give 80% of partition of house which has 3600 sq ft to my father as he has 5 kids and rest of the property has to be divided to other 03 sons. He had written the will related to his wish and later he died but my uncle had showed interest to give partition to her sisters and he had made some document and demanding for partition as per his view. But in our grandfather’s will he dint not allow any partition or any amount to his daughters and he died. I request your reply one few questions kindly advise. Need your advise on property divide.

    Answer ID: 58674Posted on: Sep 1, 2020

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 353/353/SD=07/1436) A will made in favour of an heir shall only be valid when after the death of the testator all the heirs allow to implement it. In the above mentioned case it is understood from the question that the will of 80% which your grandfather made in your father’s name was not approved by other heirs (your uncle and aunts); hence this will which your grandfather made in your father’s name shall not be valid. After the death of your grandfather, all his property shall be divided among all his legitimate heirs according the Shariah in which all his four sons and daughters shall get their shares. Though your grandfather did not make a will to give share of your aunts, but due to this their shares shall not be cancelled. After your grandfather’s death, his daughters shall also have their shares in the property. It should be noted that this ruling is applicable only when your father died after the death of your grandfather. In case your father died in the life of your grandfather then ask the question again. قال الحصكفي: ولا لوارثه إلا بإجازة ورثته لقوله عليه السلام: لا وصية لوارث إلا أن يجيز الورثة – وقال الحصكفي: ولا تعتبر إجازتهم حال حياته أصلاً بل بعد وفاته – قال ابن عابدين: لأنها قبل ثبوت الحق لهم؛ لأن ثبوته عند الموت فكان لهم أن يردوه بعد وفاته (الدر المختار مع رد المحتار: 10/279، كتاب الوصايا، دار احياء التراث العربي، بيروت)

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India