Fatwa ID: 01381

Answered by Mufti Mohammed Tosir Miah

Question:

Question on inheritance

Answer:

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

It should be borne in mind that to deprive someone of his or her share of the inheritance is a grave sin and one will be punished in the hereafter.

In a hadith the Prophet of Allah Sallallahu Alahi Wasalam had said, “If anyone flees (plans devises to avoid the payment of) the inheritance, Allah will forfeit his inheritance of paradise on the Day of Judgement.” (Sunan Ibn Majah)

Depending on who the 62 beneficiaries are one is liable to receive their “Haqq” (share) from the inheritance. What I advise you to do is either write back or email me the beneficiaries to determine whether they are worthy of a share of the inheritance or not.

In regards to the second part of your question, your foima’s son’s wife’s children will not inherit from the grandfather’s estate.

The third question you asked is very vague. From the question, I have come to the conclusion that you might have meant three things:

1. Father (Father’s niece’s husbands father) inheriting from the marhum grandfather’s estate. The answer is no as he has no direct link with the grandfather.
2. Father (Father’s niece’s husbands father) inheriting from your father’s niece’s property.

1536                  

Wife                            16                  4

(2) Son                (4)                  2 Daughters                                            Husband

                                                                                               1

    6                       3                           6/3                                                   

                                                                                    4

  576                     12                       576/288 each

                        4                                              Husband  4                                     96   24

1 Sisters   4 Brothers  Step mother   Father   (2) Sons    (4)  2 Daughters         Wife

deprived    deprived    deprived        4                         17                                  3

                                                                                                                                                                         16             34       68          17                   12

                                                                                                                                                           64           136                     68                  48

In this situation the father will inherit 64 shares from your fathers niece’s property.

3. Father (Father’s niece’s husbands father) inheriting from his son (i.e. father’s niece’s husband). In this situation the father will inherit 16 shares from his deceased’s sons wealth or estate.

If you meant something other than the three situations, which I have stated, then please feel free to write or email back.

Finally, the action done by your nephew in taking possession of the land without consulting the beneficiaries is an action going against the teachings of Islam. As your nephew has embarked upon the building of property on the strips of land you should calculate the current value of the land and then distribute the land according to the shares that each beneficiary Islamically deserves. I would further like to suggest that if you need assistance in determining the shares for the different beneficiaries please do not hesitate to contact me with the lists of the beneficiaries.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.