My brother divorced his wife in presence of witnesses 18 months back before his death. There is no written document as she refused to do that. After ten months of death of my brother she came to our home and claims that she was not divorced, she claims her share in house [mother ownership] and asked to give maintenance money by deceased brothers until she remarry. After divorce my brother has not written her name in any documents [Bank A/c, Insurance, Service Record {Private company}.He nominates his family members. Additionally, in an important service record documents he write that in case of his death information will be given to his brothers only. Will his ex-spouse is legal heir for any claim.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 910/846/N=1434)

If the iddah (of talaq) of your bhabhi was already over at the time of your brother’s death, or your brother gave his wife talaq bayin in the state of health or your brother gave talaq bayin to his wife with her consent then your bhabhi shall have no rights in the property of your late brother.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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