Assalamu Alaikum Dear Mufthi Sahib,
My grand father had given his property, a large land and the house, to my father asking him to divide the land among father's brothers and sisters and to keep the house for him. Accordingly father had distributed the large land among his brothers and sisters and kept the house for him where all of us, including fathers parents lived. Grand father had died before father's expiry and grand mother lived with us till her death. After my father's death grand mother had told my mother that this house is totally for my mother. It is not known whether my grandmother knew that she had a share in the house and given that share too to my mother However she did not vacate the house and handed over to my mother but lived together till her death.My mother had her own house and fathers house. She divided both houses to 3 children each by way of lottery among 2 sons and 4 daughters saying that the house was given to her by father. Mufthi Sahib, some say that the way of distribution was not correct since a share from father's house should have been given to grand mother also. Some of her children who were living at the time of grand mothers death have now passed away. Mufthi Sahib please reply as soon as possible according to the rulings of SHAFI'EE MASLAK.
If there is a share for grand mother is it possible to sell the house without informing them and distribute the money according to the share between her Wurasa because if they come to know that they have a share they will just not allow to sell the house.
please reply to the same email address. Wassalaam
Please accept my apology in advance as I am not authorized to give Fatwas according to any Fiqh other than Hanafi Fiqh.
However, according to Hanafi Fiqh, if your father died while his mother (your grand mother) was alive then she inherits from your father (her son). As such, she must be given her share in inheritance. If she died without receiving her share from the inheritance of her son then her share must be distributed among her heirs as her inheritance.
If there remains a share for her in inheritance then she or her heirs must be informed or if the property has been sold then the heirs should be given their proportion of inheritance.
And Allah knows best.
Mufti Ikram ul Haq
Darul Ifta of Rhode Island
26 Sha'ban 1431/ August 7 2010