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How will the house be divided?

Answered according to Hanafi Fiqh by Askimam.org

My grandmother had transferred half of her house to my mother at the time of marriage as Mehar. My father has three bothers. Now my question is: should my mother or father take half of the house already transferred to my mother at the time of marriage as Mehar or should it be divided equally into 04 shares out of which 03 shares are for my father’s 03 brothers and 01 share for my father or mother

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

 

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Please provide clarity on the following issues in detail and resubmit your question:

1.      Does your ‘grandmother’ in your question refer to your paternal grandmother (i.e. your father’s mother)?

2.      Was this grandmother the owner of the house when she transferred half of it as Mahr?

3.      When the house was given as Mahr, was it transferred officially, or registered in the Nikāh register as the Mahr, or simply said to be the Mahr by mouth? Was this with or without any witnesses?

4.      Does the ‘share/s’ in your question refer to the share/s of the estate of the same grandmother?

5.      Is this grandmother deceased?

6.      Are the four brothers (i.e. your father and his three brothers) the only rightful heirs of your paternal grandmother according to Shari’ah (i.e. there are no other inheritors recognised in Shari’ah present)?

7.      Is there any other item etc. in the estate of this grandmother.

And Allah Ta’āla Knows Best

Maulana Mahmood Patel
Azaadville, South Africa
Student Darul Iftaa

Checked and Approved by
Mufti Ebrahim Desai.
www.daruliftaa.net

 

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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