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Ascertaining of Legal Heirs as per Islamic Law

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
My name is Md. Jahangir S/o Sardar Miya. My father Md. Sardar Miya and my mother Bahboob Bee have no children. So they have adopted me and bought-up me like their own son. They got me married. Now I have 3 kids. But for some reasons they did not declared me as their legal heir to their properties and own houses. Hence, I request you to kindly let me know whether I am legal heir to their property or not as per Muslim personal law. Where this property can be transferred on my name or not? Or this property goes to my father’s brother’s children? Please clarify under the Muslim personal law. If I want to transfer this property on my name or on my children’s name, what should I do? Kindly solve my problem as per Islamic law. I shall be very thankful to you.

بسم الله الرحمن الرحيم

(Fatwa: 396/348/H=03/1435)

They are not your real parents. They adopted you and brought you up and got you married. It is a kind of favour and benefaction on their behalf. It is not wajib for them to transfer the property in your name and deprive their original heirs or to give them less, rather it is unlawful for them to deprive their real heirs and give all property to you. Your step parents are yet alive and in their lifetime they have full right over their whole property. They possess the right of hibah (gifting), waqf, bai’ etc if they want. The ruling of inheritance shall be issued in their property after their death. We may write the Shariah ruling if we receive the Shariah detail of their heirs, in-shaAllah.

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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