Who will be the legal heirs of a mentally ill sister?

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
I am appending below a subject in respect of legal heirs of a lady as per the Shariah in the light of Qur’an and Hadith. Please favor me with your fatwa for the same and oblige. Subject: (I) My mother-in-law Mrs. Iqbalunissa begum w/o late C. Abdul Hakeem sb. died on 18th Dec. 2016. Leaving behind her 5 (five) daughters out of which 4 (four) are married and one is unmarried a patient of unsound mental illness. In this regard a point to be noted that her husband, an eldest son and an eldest daughter died in front of her itself. A couple of years ago she had gifted all her properties to her five daughters with necessary legal proceedings and have made two of elder sisters as guardian to the unsound daughter. (II) a. My mother-in-law has got her only brother alive among her blood relation. b. Since there is no male member of blood relation to these five sisters at all. c. Only three cousin brother of their paternal uncle and one cousin brother from their younger uncle left alive. Now the question is 1) If the mentally ill sister passes away who are the legal heirs for her property and belongings strictly as per Shariah. 2) The other way if none of the four sisters are alive who will be the legal heirs after her.

بسم الله الرحمن الرحيم

(Fatwa: 947/920/SN=8/1438)


In the question mentioned above if that mad sister dies then her alive sisters and uncle shall be the Shariah heirs. If at the time of her death, two or more sisters whether three or four sisters would be alive then the sisters shall get two third while the rest one third shall go to the uncle.

Note: It is a principle rule. When a man dies, who dies first and who later it is not known. Thus, when the mad sister dies then you can write the details of the near and distant relatives who are alive to know the Shariah ruling. 

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband


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