Property Distribution

Answered according to Hanafi Fiqh by
The matter is that I have three uncles and five paternal aunts. My father has been died after the death of my grandfather. We are 4 brothers and 2 sisters. My grandfather has ten bigha farming land and a 400 gaz house. Now my uncles are selling the land. And my phoopis (aunts) are demanding their parts in the farming land. now my question is that as my father has been died, whom should we give the share?
(1) to my aunts?
(2) or to my own sisters?
And how much share should be given? Please reply soon I will be highly obliged to you.

بسم الله الرحمن الرحيم

(Fatwa: 905/707/H=1434)

In case the details of the heirs are true, all the property left by your grandfather shall be divided into 65 shares after paying due rights preceding inheritance. Out of the total, 10-10 shares shall go to each uncle (chacha), 5-5 shares to each phuphi and 2-2 shares to each of you brothers, while 1-1 share shall go to each of your sisters.
If your grandmother or your mother or both are alive then the ruling shall be different. In such case you must submit your query again. Your uncle alone does not have the right to sell the land of your grandfather. It is wajib on him that first all the property is distributed as per the Shariah. After that whatever comes into his share he shall have full rights in it. As per the Shariah he does not have any right to sell the land of other heirs. The detail of division is as follows:

Uncles (chacha): 3×10 = 30
Phuphis: 5×05 = 25
Grandsons (questioner and his brothers): 4×02 = 08
Granddaughters (sisters of questioner): 2×01 =02
Total: 65

Allah 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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