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Our dad died in 1998 before both grandparents. Grandfather died in 2001 and grandmother is still alive. We have 2 uncles and 2 aunts (all alive). The property is in grandmother’s name. So can we (my brother and I) claim a share in the property after grandmother? Also we have not had any support from paternal relatives while we grew up.

Answered according to Hanafi Fiqh by Darulifta-Deoband.com

Our dad died in 1998 before both grandparents. Grandfather died in 2001 and grandmother is still alive. We have 2 uncles and 2 aunts (all alive). The property is in grandmother’s name. So can we (my brother and I) claim a share in the property after grandmother? Also we have not had any support from paternal relatives while we grew up.

Answer

(Fatwa: 549/529/N=1434)

In the presence of sons, the grandsons and granddaughters are not entitled to get any share in the inheritance. Hence if at the time of your grandmother’s death both of your uncles or one of them will be alive then you shall get no share in the property of your grandmother as in the inheritance of grandfather. Yes, if, during her life time, your grandmother gives you some share and hands it over in your complete possession or she makes a will in her one third property for you then you people may get share in her property as per hibah and wasiyat respectively.

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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