• Transactions & Dealings >> Inheritance & Will

    Question ID: 47002Country: India

    Title: regarding true legal heir

    Question: If a childless couple adopts girl child will she be entitled for property after their death, the adoptee has made a will and settlement deed in her favour before dying. Now the real sister of the adoptee is claiming herself the legal heir of the property. The sister was not on good terms with the adoptee for full life time. Now who should be the real heir of the property? Please reply soon.

    Answer ID: 47002

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 1212/1211/M=10/1434) If the girl whom the childless couple has adopted is not their Shariah heir (waris) then it is lawful for them to make a will in one third of their wealth and it shall be enacted. What do you mean by settling the deed? If the real sister of deceased couple has claimed for her that she is legal heir then this claim may be valid though they did not have good relations their whole life. In order to know who are the real heirs of the deceased, you should first write the details of deceased close relatives that who among the parents, brother, sister, uncle, nephew etc are alive and what is their number, then the real heir may be pointed out.

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India