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Rights of my Aunt (Sister of my father) in property of my paternal gradnfather when she is married in the family (with cousin): Inherited from my grandfather.

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)


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Assalam alaikum. Thank you for helping ignorant people like us by guiding us to the right path of Islam. May Allah Subhanah reward you for your work I would like to know about the share in property inherited from my grandfather. My grandfather had four children (3 sons, 2 daughters). One of the daughter married with cousin brother (Son of my grandfather's brother). Her husband died after few years into marraige and she never married again. By means of inheritence, she received the share in property due to her husband (being the son of my grandfather's brother). Is she also eligible for share in property as daughter of my grandfather? If yes, then in what ratio ? Please advise with an example of INR 100.

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Answer:

Inheritance

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If the only surviving legal heirs of your grandfather were his 3 sons and 2 daughters (thus assuming that the other legal heirs like the deceased's mother, the deceased's father and the deceased's wife died during his lifetime), and the total wealth left behind by your grandfather was 100.....Shariah Law prescribes that this is what each of the surviving legal heirs would receive as their inheritance:

In this particular case, the total estate of 100 would be divided into 8 equal parts of 12.50 each, and each of the sons would receive twice the share of the daughters.

Thus the two daughters would receive 12.50 each, and the three sons would receive 25.00 each. 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 11-14:

11 Allah (thus) directs you as regards your chldren's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half.  For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth.  (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit.  These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.

12 In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts.  In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts.  If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone).  Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.

13 Those are limits set by Allah: those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme Achievement.

14 But those who disobey Allah and His Messenger and transgress His limits will be admitted to a fire to abide therein: and they shall have a humiliating punishment.

The wife and the daughter are both considered legal heirs in Shariah Law, and if a woman happens to survive her husband and her father, she is entitled by Shariah Law to receive inheritance from both sources, as a widow and as a daughter.  The daughter of your grandfather is obviously entitled to receive her prescribed share from the estate of her deceased husband, and in addition to that she would also be eligible to receive her prescribed share from the estate of her deceased father. 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is only ones. Allah Alone Knows Best and He is the Only Source of Strength.

Your brothers and well wishers in Islam,

Members of Islamhelpline


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