I am writing this letter to seek the confirmation on family inheritance. After my grandfather’s (dada) death in the year 1939, the family property was divided amongst his brother in the year 1972/73 and my father received the share say ‘X’. At that time 1972/73, my grandmother (dadi) was also surviving along with my paternal aunt (phuphi), my mother, me and my younger sister. My father expired in the year 1984 survived by me, my younger sister and my mother, my grandmother (dadi) and my paternal aunt (phuphi). My mother has spent some money to construct some shops on the land and she is availing the rents of the shop constructed. My grandmother also expired in the year 1995. Now we are me, my younger sister, my mother, my aunt (phuphi). In case of any additional information, please send the details. Kindly confirm the share of each individual in the light of Islam.
بسم الله الرحمن الرحيم
(Fatwa: 1170/B-268/TB=1434)
In the above mentioned case, the whole property left by your father shall be divided into 72 shares. Out of the total, 9 shares shall go to your mother, 6 shares to your phuphi from your grandmother and you shall receive 38 shares while your sister 19 shares.
The detail of division is as follows:
Wife: 1×09=09
Son: 1×38=38
Daughter: 1×19=19
Phuphi: 1×06=06
Total: 72
Note: This division is correct provided your grandmother left only you, your sister and your phuphi as her legal heirs.
Allah knows Best!
Darul Ifta,
Darul Uloom Deoband