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Do the brother and two sisters have any claim of inheritance from their eldest sister’s husband?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
(1) My father died in March 1989, leaving a wife, three married daughters and a married son. Later the eldest daughter died in March 2000 leaving her husband but no children. Then in Feb 2011 the wife (my mother) died. Now we have the two daughters a son and the husband of the eldest daughter remaining. Please advise who the inheritors are and what is their share of inheritance. (2) In the property of our eldest sister who died with no children, whether her brother and two sisters have any claim of inheritance from her husband.

Answer

(Fatwa: 238/238/M=1433)

(1) In the question mentioned above, the property of all deceased persons shall be divided into 960 shares, out of which you (brother) shall get 438 shares, 219-219 shares shall go to each sister, while 84 shares shall go to the husband of the deceases sister. The detail of the division is as follows:

Detail:
Brother: 1X438 = 438
Sisters: 2×219 = 438
Husband: 1×084 = 084
Total 960 shares

(2) The brother or sister of the deceased can demand for their shares from the husband of their sister.

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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