At the time of my father’s death (1985); our sister living then and, she died in 2005. Now our mother died in 2010. We are distributing property in 2012. Sister’s husband living now and she has one daughter and one son now living in 2012. Our brother in law is a crore-pati, now but insisting to have our sister’s share from property. Please advise us, as per Hanafi branch of Islamic Shariah distribution of property. From Qatar’s scholar advice, nothing he could get, but not explained us fatwa in detail or in number to check conformity. We are ready to pay sister’s share up to father’s property sum. But, someone told if our sister’s family now are very weak in financials; then only they will get any share, as honestly we wish to pay her share up to father’s enjoyed property. But they insist on full as of today’s properties, including earned after father’s death. Please advise. Does it make any difference, in any schools of inheritance distribution and will, other than Hanafi to show him?
As per the question mentioned above, when your sister was alive at the time of your father’s death then she too shall have her share in the property of her deceased father. However she shall get no share from her mother’s property. Also the addition which was done in the inheritance of your father after his death your sister shall also get her share in it.
Allah (Subhana Wa Ta’ala) knows Best
Darul Uloom Deoband