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Assalaamu Alaikum A lady had died leaving behind only daughter,daughter is married and has 3 daughter and 3 sons, rest of her family i.e her brother and sister all are dead and they all died before she did,thou the children of her brother and sister are there. Do they have a right in her wealth? Do her grand children have any right in the wealth or it all belongs to the daughter? Jazakallah

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
Assalaamu Alaikum A lady had died leaving behind only daughter,daughter is married and has 3 daughter and 3 sons, rest of her family i.e her brother and sister all are dead and they all died before she did,thou the children of her brother and sister are there. Do they have a right in her wealth? Do her grand children have any right in the wealth or it all belongs to the daughter? Jazakallah

Answer

(Fatwa: 265/265/M=1431)

 

In the case mentioned in the question, if the parents, husband, brothers and sisters are already dead, then her half of the property will be given to her daughter and the remaining half will go to the son (or sons) of her brother if they are. The daughters of her brother, sons and daughters of her sister will not get any share in her property.

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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