Fatwa ID: 01850

Answered by Mufti Mohammed Tosir Miah

Question:

My mother's mom owns a property in Birmingham, small heat, St Oswald street, This property was bought by my mother's father and after his death it was transferred to my mother's mom.
My mother has one sister in Pakistan and two brothers in Birmingham. One brother is living separate and one brother is living in that property.
I want to ask that i am also eligible to take share from this property on behalf of my mother as my mother has also passed away. If yes then can you help me how?

Answer:

There are two possible situations to your question. The first situation is that your mother passed away before your grandmother passed away, in which case your mother will not be inheriting anything and nor would you get a share from it.

However, if your grandmother passed away first and the property was not distributed, thereafter, your mother passed away in which case your mother would be allocated a share of the property and that share she was supposed to receive would then be distributed amongst your mother’s heirs. We call this according to Islamic Inheritance Law as Munasakhah.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham