June 19, 2009 Assalamualaikum Wo Rahmathullahi Barkathahu, My name is Mohammed Safiulla from Bangalore, India. Kindly let me know the Fatwa in light of Quran and Sunnah. My Father in law passed away last year. May Allah reward him with a place in Jannathul firdose. Amin. Summ Amin. My deceased Father in law has two sons-one married and the other a bachelor and one daughter who is also married. I would like to know how the property that used to be owned by my deceased father in law need to be distributed. My mother in law is alive and she is taking the family pension. Also let me know whether the children have any rights in the deceased’s pension also. Also my deceased father in law has got some ancestral property from his father. Kindly let me know whether the grand children (two grand sons and a grand daughter) have got any right in this property. Please note that there is no WILL on any of the properties by my deceased Father in law. Your earliest reply would be highly appreciated.
Answer:
(Fatwa: 1263/1201=B/1430)
The property and wealth left by your father in law will be distributed in 40 shares. Out of the 40 shares, wife will get 5 shares, each son will get 14 shares and the daughter will get 7 shares. The ancestral property owned by him will be divided in the same way. The grandchildren will have no share.
Note: The family pension given by the government to the widow monthly is solely for her and no one has a right over it.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband