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I have question on inheritance of my uncle’s (father’s elder brother) property. My grandfather has written one deed on 1963 in which he has clearly mentioned that the house is equally divided among 4 sons who are living in the position. And have no right of any of the 3 daughters in this property (since other property arrangements have been fixed for their welfare). Grandchildren’s details are as follows: First son (died in 1986): Has 3 sons and 5 daughters. Second son (died in 2004): Has no children and wife also expired in 2005. Third son (alive): Has 3 sons and 2 daughters. Fourth son (died in 2006): Has 2 sons and 4 daughters. Question on 2nd son’s property (both ancestral and own) division. At the time he died 2 bothers and 2 sisters were alive, among whom and how his property be divided?

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
I have question on inheritance of my uncle’s (father’s elder brother) property. My grandfather has written one deed on 1963 in which he has clearly mentioned that the house is equally divided among 4 sons who are living in the position. And have no right of any of the 3 daughters in this property (since other property arrangements have been fixed for their welfare). Grandchildren’s details are as follows: First son (died in 1986): Has 3 sons and 5 daughters. Second son (died in 2004): Has no children and wife also expired in 2005. Third son (alive): Has 3 sons and 2 daughters. Fourth son (died in 2006): Has 2 sons and 4 daughters. Question on 2nd son’s property (both ancestral and own) division. At the time he died 2 bothers and 2 sisters were alive, among whom and how his property be divided?

Answer

(Fatwa: 1257/1257/M=1433)

The said will of your grandfather is null and void, as will cannot be made in favour of heirs. All the four sons and three daughters will inherit the property of your grandfather.

In case the question is related to only second deceased son and his inheritance, then his all the property shall be divided into 8 shares. Out of which 2 shares shall go to his wife and 2-2 shares to his each brother and 1-1 share to each sister, provided none among the parents of the deceased was alive at the time of his death. And then the inheritance of deceased wife shall be divided among her Shariah heirs. The detail of second brother’s division is as follows:
Details:
Wife: 1×2 = 2
Brothers: 2×2 = 4
Sister: 2×1 = 2
Total: 8 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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