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What is my mother’s right to her father’s property according to Sharia and Indian law?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
assalamwalekum, respected n knowlegeable ulema’s, this is to ask my mothers right to her fathers property. my grand father (nana/mothers father ) were 2 brothers n 5 sisters. he married twice had 3 kids from the first wife who died long ago but the second wife doesnt have any kids and is a widow. my mother is the youngest of 2 brothers .one died in 2000 in U.K he was a doctor there he left behind his wife and 4 sons all residing in the UK. my mothers elder brother is a divorcee with no kids and still alive. my grand father left behind vast immovable and movable property in form of residences farms money cattles land holdings fire arms etc etc. without any will . ill be highly obliged if u instruct us in the division of my mothers ancestral property which was in the name of my grand father or earned by him . plz give us the division details according to the sharia law as well as indian law for muslims if any as such present. helping us in this matter will solve our long standing problems in our family. thanking you with warm regards!

Answer

(Fatwa: 961/907=B/1430)

If there is no other heir except those mentioned in the question, the entire property of the maternal grandfather (nana), after paying due rights preceding inheritance, will be distributed in 24 shares. Out of the total, the son will get 14 shares, the daughter will have 7 shares while the wife will receive 3 shares.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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