Our grandfather was dead before 1 year. He had 3 daughter & 3 sons. One of their daughters was dead, in present of my grandfather. My father is elder son of my grandfather. He is living in other (separate) home when he got married because the quarrel between my mother and my grandmother. After 25 years my father, live with my grandparents. On top floor (2nd floor) of my grandfather’s home (ground floor my uncle 1, 1st floor uncle 2) my grandparents were so happy with us. But my mother was not happy to live with them and quarrel was started. In between my two uncles make will (vasiyatnama) that in this (which we all live include my uncles) home my father has no share from my grandfather. Now my uncles want that we will leave this home and we have not share of this home. Please suggest us in the light of Quran and Hadith.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 180/180/SD=04/1436)

In the above mentioned case, if the house in which your father and your uncles reside was your grandfather’s property then according to the Shariah division your father shall also have his share. The Will Paper which was prepared between both the uncles that your father shall have no share in the above mentioned property of your grandfather is invalid according to the Shariah. All the property of your deceased grandfather shall be divided among his heirs as per the Shariah division.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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