DISTRIBUTION OF PROPERTY, ANCESTRAL PROPERTY

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
Hussein Shah and his wife is already dead leaving behind some property and 2 children, named Mr Mahmood and Mrs Zaibunnisah, both are married and Zaibunnisah is well settled with her husband house. Mr. Mahmood was married after his father’s death. Mr Mahmood S/o of Mr Hussein Shah divorced his wife after 4 years of married life, he has one son named Mohsin who is now 25 years old. He is staying with his mother. Mahmood has disappeared after divorce and he is missing from last 20 years. And we assume that he might be expired. (The police complaint has been lodged) now the property of deceased Hussein Shah is under control of his daughter Zaibunnisah and her husband. Now I would like to know in the light of Quran and Hadith what are the rights and share of Mr Mohsin (grandson of Hussein Shah) in property of his grandfather.

بسم الله الرحمن الرحيم

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(Fatwa: 1175/1077/L=9/1438)

 

As per the above mentioned case, since Mahmood was alive at the time of his father Hussain Shah’s death hence he shall also be the Shariah heir of his parents. If at the time of Hussain Shah’s death none among his parents was alive likewise at the time of his wife’s death none among her parents was alive then the property of both of them shall be divided into three shares, out of the total 2 shares shall go to Mahmood while the daughter Zaibun Nisa shall get 1 share. In case Mahmood is missing in such a way that it is not known whether he is alive or dead then his case shall be produced in local Shariah Panchayat. If the member of the Shariah Panchayat after much investigation come to a conclusion that the missing one has died then his property shall be given to his son Mohsin, as he shall alone be the heir of all the property of Mahmood.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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