• Transactions & Dealings >> Inheritance & Will

    Question ID: 44676Country: India

    Title: Property Related Issues

    Question: Our dad died in 1998 before both grandparents. Grandfather died in 2001 and grandmother is still alive. We have 2 uncles and 2 aunts (all alive). The property is in grandmother’s name. So can we (my brother and I) claim a share in the property after grandmother? Also we have not had any support from paternal relatives while we grew up.

    Answer ID: 44676

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 549/529/N=1434) In the presence of sons, the grandsons and granddaughters are not entitled to get any share in the inheritance. Hence if at the time of your grandmother’s death both of your uncles or one of them will be alive then you shall get no share in the property of your grandmother as in the inheritance of grandfather. Yes, if, during her life time, your grandmother gives you some share and hands it over in your complete possession or she makes a will in her one third property for you then you people may get share in her property as per hibah and wasiyat respectively.

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India