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As Salaamualaikum dear Mufti sahib. My father has two sisters. My grandfather had two acres of Land, for which he didnot write any will or didnot even say how much share each three should get and neither my grandmother said, and they both passed away. Now my father also passed away and the two of my Aunties ( My fathers Sisters ) are claiming the entire property and are refusing to give any thing to me as my father also didnot recieve any share in that period when all were alive. Kindly mention how much share is mine according to shariah and also tell how to claim it.

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
As Salaamualaikum dear Mufti sahib. My father has two sisters. My grandfather had two acres of Land, for which he didnot write any will or didnot even say how much share each three should get and neither my grandmother said, and they both passed away. Now my father also passed away and the two of my Aunties ( My fathers Sisters ) are claiming the entire property and are refusing to give any thing to me as my father also didnot recieve any share in that period when all were alive. Kindly mention how much share is mine according to shariah and also tell how to claim it.

Answer

(Fatwa: 129/129/M=1431)

 

Your aunties (sisters of father) are not right to claim the entire property of your grandfather. Your father also deserves half of the property (i.e. double of the share of one aunty) if there are only these three legal heirs of your grandfather. If there was no other heir except these three (your father and two aunties), then the property of grandfather will be distributed in 4 shares, out of which 1-1 share will go to each aunty and the remaining two shares will go to your father. You can demand your aunties the share of your father and you can adopt lawful means to get the same.

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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