Assalaamu ‘alaikkum respected teachers, This question is of utmost importance to a family here in INDIA at this time. Let me explain. A man Abdul Wahab had 4 children, 1 son named Idris and 3 daughters. He has a common property. Abdul Wahab and his wife passes away. NOW THE PROPERTY DOCUMENT IS NOT TRANSFERRED TO THE 4 CHILDREN. THE PROPERTY IS STILL IN ABDUL WAHAB’s NAME. Son Idris looks after the affairs of this property. Now the son Idris also passes away. Idris has 5 sons, 4 daughters and 1 Wife. So now when the legal heirs of Abdul Wahab wanted to divide the property, the 3 daughters of Abdul Wahab take One share each and leave 2 shares to rest with the deceased Idris family. Now my question is, a. what is the ratio at which Idris share is partitioned among his wife and Children ? b. Who are the legal heirs of Idris ? c. If Idris’s wife has a share ? As the property in question is not on Idris’s name but of his father. Please reply this question as soon as possible as some family members makes an issue whether to give a share to the mother. Please give this question TOP PRIORITY. Assalaamu ‘alaikkum, Mubeen.
Answer:
(Fatwa: 244/71=TL/1430)
(1) After paying due rights preceding inheritance, the property of late Idrees will be distributed in 16 shares, out of which 2 shares will go to his wife, 2 shares to each of his five sons and 1 share to each of his four daughter.
(2) Yes, his wife will have her share. In case the property is in his father’s name, the share of late Idrees? wife will not be cancelled.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband