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Grandfathers Estate

Answered as per Hanafi Fiqh by DarulIftaBirmingham

My two cousins and my brother says that as my cousin
A,who is distributing grandfather’s inheritance,did
not act according to Shariah by not informing or
consulting all the beneficiaries,they will not take
any of their share in inheritance.My brother says if I
take any part in this I am sinning too.I will be
punished in this world and the hereafter.
My understanding from your reply is that we can take
the inheritance and it is up to the 62 beneficiaries
to forgive cousin A for going against Shariah by not
consulting them. Refer to your reply attached.
Most of us think(even though they do not agree with
the way cousin A is doing it)the sooner the inhertance
is distributed the better as it has been over 40 years
since grandfather passed away.
My Mother took possesion of my Marhum Father’s
share,with my brothers and my sister’s agreement, only
one brother,I mentioned earlier,is against it.
All my family will take their share of inheritance
except my brother.
I have two questions.
(1)According to Shariah,will we be sinning if we take
our share of inhertance?
(2)According to Shariah what can my Mother do with my
brother’s share of inheritance he refuses to take?

In the name of Allah, the most Beneficent, the most Merciful.


The estate of your late grandfather should be distributed into 37,440 shares. The following beneficiaries will receive the following shares:

Wife Marhum Fatima: Nothing (Her shares will be passed on to the children)

6 sons and 1 daughter.

(1) Molvi Mohammed A. Patel.

(2) Ahmedsaeed A. Patel.

(3) Molvi Mahmood A. Patel.

(4) Yusuf A. Patel.

(5) Ibrahim A. Patel.

(6) Ismail A. Patel.

(7) Amina M. Patel (daughter)

(Similarly, their shares will be passed on to their living children.)

(1st SON) Marhum Molvi Mohammed A. Patel

1st Wife Marhum Fatima. Passed away BEFORE husband.

Daughter Habiba Living= 1008 (shares)

2nd Wife Amina. Living = 720

Sons Mahmood. Living = 2016

Ahmed. Living= 2016

(2nd SON) Marhum Ahmedsaeed A. Patel.

1st Wife Marhum Sakina Passed away BEFORE husband.

Daughter Fatima Living = 630

2nd Wife Marhum Zulekha = 720

Sons Mohammed Living = 1260

Abdulhai Living =1260

Kari Mahmood Living = 1260

Daughter Zubeda. Living = 630

(3rd SON ) Marhum Molvi Mahmood A.Patel.

Wife Marhum Amina. Passed away BEFORE husband.

Sons Molvi Ilyas Living = 1920

Ismail Living = 1920

Daughters Khatija Living = 960

* Marhum Aisha R.Abuwat Passed away AFTER both parents passed away

(3a) *Marhum Aisha Rafiq Abuwat Passed away FIRST

Husband Rafiq = His share will be passed on to his heirs.

Son Salim Living = 360

Daughters Rasheda Living = 180

Amina Living = 1860

Rafiq’s 2nd Wife Fatima Living = 60

When Rafiq passed away his father Dawood was STILL ALIVE.**

Rafiq’s father Dawood Passed away RECENTLY = 180

Rafiq’s Mother Zulekha Passed away BEFORE Rafiq.

Rafiq’s stepmother Hawa Living = Deprived

Rafiq’s Sister Raisa Living =              “

Rafiq’s brothers Maqsood Living        “

Rashid Living                                      “

Qari Zubair Living                               “

Mohammed Living                              “

(4th SON) Marhum Yusuf A.Patel

Wife Amina Living = 240

Son Abdulhai Living = 5040

(5th SON) Marhum Ibrahim A,Patel

Wife Zulekha Living = 240

Sons Mohammed Living = 1260

Ismail Living = 1260

Ahmed Living = 1260

Daughters Zubeda Living = 630

Fatima Living = 630

(6th SON) Marhum Ismail A. Patel

Wife Rokaiya Living = 720

Sons Zainul Abedin Living = 1260

Mohammed Living = 1260

Abdulhai Living = 1260

Daughters Rabia Living = 630

Mumtaz Living = 630

(7 )DAUGHTER) Marhum Amina Patel (FOIMA)

Husband Marhum Mohammed Passed away BEFORE wife.

(7a)Son Marhum Abdulhai Passed away 8 months BEFORE Mother

(7b)Son Marhum Kuddus Passed away AFTER Mother = 640

Wife Halima Living = 80

Sons Mahmood Living = 140

Ahmed Living = 140

Mohammed Living = 140

Daughters Zubeda Living = 70

Zaiboonisha Living = 70

(7c)Son Marhum Ismail Passed away AFTER Mother = 640

Wife Aisha Gori Living = 80

Sons Adil Living = 224

Mohammed Living = 224

Daughter Fatima Living = 112

(7d)Son Marhum A.Rashid Passed away AFTER Mother = 640

Wife Rokaiya Living = 80

Sons Azizur Rahman Living = 160

Soyeb Living = 160

Molvi Bashir Living = 160

Mohammed Living = 160

Sufiyan Living =160

Khalil Ahmed Living = 160

Abdur Rahman Living = 160

Daughters Aisha Living = 80

Zainab Living = 80

(7e)Daughter Marhum Aisha Passed away AFTER Mother.

Husband Mahmood Passed Away BEFORE Wife

Sons Yunus Living = 91. 3/7

Imran Living = 91. 3/7

Sulaiman Living = 91.3/7

Daughter Fatima Living = 45.5/7

(7f)Daughter Fatima Living = 320

(7g)Daughter Hajra Living = 320

In regards to your first question as long as the inheritance has been distributed according to the Shariah then it will be permissible for you to take your share from your late grandfathers estate and it will not be considered a sin. In regards to the second question you should try your very best to persuade your brother to take his shares after the estate has been distributed but if he still believes that the estate has not been distributed properly or it is a sin then his share should be left behind for him.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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