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Does the remarried wife of my mama have a share in the property?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
My mama died after my grandfather had expired and while my grandmother was alive. Now my grandmother has also expired as we decided to divide property, my mama’s wife (who is remarried after my mama’s death) is demanding a share in the property. Does she have a share in the property, as she is re-married also that she has no kids from my mama. Please advice.

Answer

(Fatwa: 550/530/N=1434)

Yes, when at the time of your nana’s death your mamus were alive and at the death of mamu your mamani was his wife then without any doubt your mamani shall get share in the property of nana through mamu. Her share shall not be revoked due to the reason that your mamu was issueless or your mamani did a second nikah. You may know the details of the shares of mamani and other legal heirs by writing the complete details of all the Shariah heirs of nana and mamu.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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