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How much inheritance do grandchildren get in India?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
As-salamu `alaykum I have 2 questions : 1. My grandfather has 3 wives not at the same time but one after the other’s death. 1st wife has no child dies very early year not known ,2nd wife had 1 son (i.e. my father ) and 1 daughter , 3rd wife had 3 son (i.e. my uncles ) and 3 daughter s My 3rd grandmother (i.e. step grandmother ) dies on 1996 which has 1 property in her name and rest all in grandfather’s name . My father dies on 1997 (prior to grandfather) and grandfather dies on2002. My grandfather has gifted 1/4th property to me which is written on plane paper no legal value as I hope excluding that property which is in my grandmother’s name as he told me that this property should be distributed among his 4 daughters . How much share should I and my 3 sisters get from my grandfather’s property and what does Islamic Inheritance Law of India said about the grandchildren share whose father dies before his grandfather or what is Indian Law said or which law is applied to my case . Please give the document evidences or internet sites . 2 . My mother dies in 1986 and her father (i.e. maternal grandfather ) after amonth of my mother’s death leaving 1 wife (i.e. my maternal grandmother ) and 2 daughters ( i.e. my aunts) My grandmother orally said that ? I will give you 1/3rd property ? but unfortunately not able to write and dies on 1998 . Question is how much share we get from maternal side condition that my mother dies (1986) before maternal grandfather and father in 1997 after my maternal grandfather (i.e.in 1986). Sorry for asking such a long question but there is no alternative . Jazakum Allahu Khayran


(Fatwa: 117/104=L/1429)

If male children of your grandfather were alive when he died then the grandchildren will have no share in his property. Therefore in abovementioned case, if you father died before your grandfather and your (paternal) uncle was alive then you and your sisters will not have any share. Yes, if your (paternal) uncle and aunty are ready to give something to you as gift, they can do so. Likewise, the gift of one fourth of property by your grandfather to you is invalid since he did not give it in your possession; you are not the owner of it.

(2) When your maternal grandfather died after the death of your mother, then you will have no share in his property. Thus, by gifting verbally you will not be considered its owner.

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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