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Inheritance and making will for widowed daughter in law and granddaughter.

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
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The following query is from my uncle Mr. Sarfaraz Khan. He has 11 children, 6 sons and 5 daughters of which 1 son is no more. Please answer and clarify the following questions:
1. Is there any right of the son who has expired in the property of Mr. Sarfaraz Khan?
2. The son who has expired has a wife, 2 sons and 1 daughter. Do they have any right in the property of Mr. Sarfaraz Khan? If yes, what share and how to calculate?
3. Is there any right and share of Mr. Sarfaraz Khan & his wife in the property of their son who is no more? If yes, what percentage?
4. Mr. Sarfaraz Khan had purchased a house in the name of his wife. She in turn gave the house to 2 of the daughters who are financially weak. Is this right or wrong in terms of being fair to other children as it looks being partial to the 2 daughters?

بسم الله الرحمن الرحيم

(Fatwa: 164/166/N=01/1435)

(1) After one’s death one does not have any right in the property of other person rather his property goes out of his possession and comes into the possession of his heirs.
(2) During the lifetime of your uncle Mr. Sarfaraz Khan, his children have no shares in his property, rather he is the sole owner of his property till his death. However, after his death only his Shariah heirs (children and wife) shall have their right into his property. In the presence of his male children, his daughter-in-law and the granddaughter will not be a Shariah heir hence they shall get nothing. However, it is far better if Sarfaraz Khan gives something his lifetime to the widow of his late son or makes a will of some land and property etc so that she is not left without a support. And he should also gift something to the widow if she does not have any intention of second marriage or should make a will for her. It is good and it shall be favour to her.
(3) All the property of the deceased son shall be divided into 24 shares, after due right preceding inheritance. Out of the total, his wife shall get 3 shares, his daughter shall get 12 shares while Mr. Sarfaraz Khan shall get 5 shares and his mother (wife of Sarfaraz Khan) 4 shares.
(4) If he did not make his wife the owner of this house and gave this house only to his two daughters due to poverty and gave it into their complete possession then it is lawful and valid as per the Shariah. However, if the house is not so small then it should be divided into two parts and it is necessary to give it into their complete possession. Otherwise, the hiba shall not be complete. And it shall be included into the property of Mr. Sarfaraz Khan. And if the house was gifted to the wife and given into her possession then it is not right for father to give the property of wife to his daughters. Yes, if the wife gives it and in case it is distributable it should be divided and given into their possession. But in case it is not dividable and both were given without division then it is also correct, thus both the daughters shall become its owner.

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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