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Inheriting Land in India: Dividing Property Amongst Siblings and Deceased Children

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My grandad in India had five sons and three daughters. How should his land be divided?

Also, would the share of one son be different if he passed away before his mother?

Bismillaah

A: If at the time of your grandfather’s demise his 5 sons and 3 daughters were alive then his estate will be divided into 13 equal shares and distributed as follows:

Each son will receive 2 shares.

Each daughter will receive 1 share.

If the son passed away before the mother then he will not have a share in her estate.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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