My grandmother died in 1992.My father died last year December 2012. My father has 2 sisters one married with a daughter and son and another one unmarried living with us. We are two brothers and two sisters and my mother living in a house on my grandmother’s name. My grandmother never left a will. We have no other means of living. The house is 135 sq yards. Kindly tell how this house will be divided among us and both my father’s sisters.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 278/246/H=01/1435)

In case your grandfather has already died then the ruling of your deceased grandmother’s house and her other property is that her entire property shall be divided into 98 shares, after paying due rights preceding inheritance provided the detail of the heirs is correct. Out of the total her each daughter (your phuphis) shall get 24-24 shares, your mother shall get 6 shares, 14-14 shares shall go to both of you (brothers) while your each sister shall get 7-7 shares. The newasa (son of daughter) and newasi (daughter of daughter) of your grandmother shall get nothing as per the Shariah. They shall get nothing from the inheritance. The detail of division is as follows:

Details:

Daughters (Your Phuphis): 2×24=48
Your Mother: 1×06=06
Sons (you and your brother): 2×14=28
Daughters (your sisters): 2×07=14

Total 98

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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