Fatwa #168818 July 2008India
My grandma passed away in 1999. She has left a property. She has 3 daughters alive and one dead, 4 sons alive and one dead. her another son died after 6 years and so she has only 3 daughters and 3 sons alive at the moment....
Question
this question is about inheritance,
My grandma passed away in 1999. She has left a property. She has 3 daughters alive and one dead, 4 sons alive and one dead. her another son died after 6 years and so she has only 3 daughters and 3 sons alive at the moment.
I would like to know how to divide her property as the issue is going worse.
my Grandma has not made any will but has verbally told that it should go to one son.
Answer
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatuh
We have been advised that the original deceased was survived by the following relatives only:
Five sons (two predeceased) four daughters (one predeceased).
Based upon the information provided in the query, it is unclear when the respective sons and daughter passed away. If all the sons and daughter passed away after their mother, all of the children will inherit and the share of the deceased sons and daughter will make up part of their respective estates and will be distributed according to the Islamic laws of succession.
Each son will receive two shares and each daughter will receive one share. In the above scenario, the estate will be divided into 14 shares and then divided among the inheritors.
If any of the sons or daughter passed away before the mother, that son or daughter will not inherit and neither will their respective heirs. Thus, the above distribution will be altered accordingly with the same ratio of 2 shares per son and 1 share per daughter.
And Allah knows best
Wassalam
Ml. Yusuf bin Yaqub,
Student Darul Iftaa
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa