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My Nana passed away ten years back leaving behind property without any will. Also, Nani passed away two years back. There are 5 children of my Nana, three sons and two daughters. All of them are married. My Mama is selling one shop which is under the name of my Nana. I would like to know share of my mother. Also, my Mama is pressuring my mother to take some xyz amount and give the signature. How correct is this in Islam?

Answered according to Hanafi Fiqh by Darulifta-Deoband.com

My Nana passed away ten years back leaving behind property without any will. Also, Nani passed away two years back. There are 5 children of my Nana, three sons and two daughters. All of them are married. My Mama is selling one shop which is under the name of my Nana. I would like to know share of my mother. Also, my Mama is pressuring my mother to take some xyz amount and give the signature. How correct is this in Islam?

Answer

(Fatwa: 1504/954/L=1433)

If at the death time of your grandfather and grandmother (Nana and Nani) none amongst their parents was alive then all the property of your Nana and Nani shall be divided into 8 shares, after due rights proceeding inheritance. Out of which each son shall get 2-2 shares and each daughter will get 1-1 share. The detail of the division is as follows:

Details:
Sons: 3×2 =6
Daughters: 2×1 =2
Total: 8 shares

It is not right for your Mamu to compel your mother for signature by giving some money. Yes, if your mother withdraws her right from the shop by taking some money happily then it is allowed.

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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