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Fatwa #798411 March 2003United States of America

Who should the money go to? my grandfather passed away 20 years ago. He didnt leave a will and didnt divide his property up...

Question

my grandfather passed away 20 years ago. He didnt leave a will and didnt divide his property up. At the time of my dads engagement, he gave gold jewellery to each of his daughters (not equal amounts) and one property to his wife and one property to his 2 sons. About a year later he passed away. What should be done? We are selling the property that is on the 2 sons name. Who should the money go to?

Answer

If your grandfather has given the property as an outright gift in his lifetime to his two sons, the property belongs to them.

The income accrued from selling the property will be distributed among the two sons only, and not all the heirs.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
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