My mother expired in 1970. My mother’s father (Nana) expired in 1988. Afterwards my mother’s brothers (Mamu) got all the property (agriculture land) transferred in their names, without our consent. There was no wasiyat (instruction from my Nana about property distribution). Nani also expired this year. Now they want to sell this agriculture land and my brother has taken stay order from the court. I wanted to know about our rights in this case in accordance with the Islamic law:
(a) Do we have any share in this property and can claim it now or not?
(b) If yes, then how much should be our (my mother’s) share?
Some said that share can be given to the only those who are alive, if your mother died before and your Nana did not leave behind any will then you do not have any right and cannot demand any share. Some said that if the mother dies then her share should be given to her children (as the Quran clearly kept share for daughter without any condition), as in case of male member the property is automatically transferred to his children. Some suggested that there is a provision in the Pakistani Government laws that we can claim our share.
(1 & 2) Only the children will inherit who are alive at the time of their father’s death and those who died in the life of their father they will have no share. It is so mentioned in the books of Faraidh. Hence in the land and property of the grandfather (Nana) and grandmother (Nani) you cannot get any share and right through your mother as she died in the lifetime of your Nana and Nani as you have mentioned in the question. Moreover, as per the question you cannot directly inherit from your Nana and Nani because in the presence of real children the grandson and granddaughter (nawasa and nawasi) are not entitled to receive any share, so it is mentioned in the book of Faraidh.
In short, you do not have any share in the property of your Nana and Nani as per the Shariah, thus the stay got by your brother from the court is unlawful. He should do taubah and istighfar and seek pardon from his mamu etc and get the stay order cancelled as well.
Allah (Subhana Wa Ta’ala) knows Best
Darul Uloom Deoband