Mr Abdullah passed away at age of 70. He was married at 30 years of age and had a daughter. When the daughter was two months of age, her mother (his wife) left him (talaq) and took away the daughter with her. Since then till his death, his daughter neither met him nor took any care of him nor cared to have any relation with him. Now he has passed away leaving two sisters, one nephew (brother’s son) and this estranged daughter who was taken away when she was two months old. My question is (1) Will this daughter have any share in his property (as she didn’t have anything to do with him in his lifetime)?
(2) How should his property now be divided? kindly help me out.
(2) How should his property now be divided? kindly help me out.
بسم الله الرحمن الرحيم
(Fatwa: 1351/1045/SN=01/1440)
In the question mentioned above, the daughter of late Abdullah shall also be an heir. Her share will not drop merely on the basis of her relation. If the parents, wife and brother of late Abdullah died before him then all the property (land, house, cash and assets etc) of deceased shall be divided into four shares, after paying due rights proceeding inheritance. Out of the total, his daughter shall get 2 shares while his each sister will get 1-1 share. The bhatija of deceased person shall get nothing. The sisters of the deceased person in the question are in place of his brother and in this case bhatija will not get any share.
Allah knows Best!
Darul Ifta,
Darul Uloom Deoband