ASA After my mothers expiry my father married again.After sometime he planned to build a house at Karachi,while he was posted at Lahore. To facilitate house building loan the plot was transferred to her name. Later my father built two more floors & directed me to come & live with him,declaring that the 1st floor was for me. Then I moved up-country as per job requirement & the 1st floor was rented out,while family of my foster mother’s sister moved in & occupied the 2nd flooor. My father expired recently & it seems my foster mother intends to deprive me from my father’s property & eventually hand over its custody to sons/daughters of her sister residing on the 2nd floor. This is so because my foster mother is issue-less. Nothing was contributed by my foster mother towards construction of the house,she was & is merely a custodian. Legally I cannot proceed against her as per the law of the land, or is there any access to justice through SHARIAT-E-Islami? Plz. intimate earliest as to what I should do?
Answer:
(Fatwa: 61/62=L/1429)
As per the Shariah, you are heir of your father and you also shall inherit from the wealth and property left by him. Your stepmother can not deprive you of your share in your father’s wealth. If you are the only son of your father, then after paying due rights preceding inheritance, all the property of your father will be divided in 8 shares; out of which one share will go to his wife (your stepmother) and seven shares will go to you.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband