He left his house in South Africa to my grandmother, and his house in India to my two maternal uncles and an aunt. My mother has four sisters and two brothers. My grandmother now wants to leave the house to two of her grandchildren (males), even though I have an aunt that is a widow, and one that is unmarried. What is the shari’ method for the house to be distributed? How should the house be shared, if at all. Both uncles have homes of their own.
The fundamental rule is that a bequest in favour of an heir is prohibited.
Since your grandmother is an heir of her husband (your grandfather in this case), the bequest of the house in her favour is incorrect. The house and his other properties rightfully belong to the heirs of your grandfather at the time of his death. Send us a list of his heirs when he died and we will be able to advise you on each heir’s respective share of the net property.
and Allah Ta’ala Knows Best
Mufti Muhammad Kadwa
FATWA DEPT.
CHECKED AND APPROVED: Mufti Ebrahim Desai