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Widowed Daughter in law and her orphaned son's share in father in law's property in laws'

Inheritance,Inheritance,Widowed Daughter in law and her orphaned son's share in father in law's property in laws'

Fatwa No :
78242
| Date :
2024-09-24

Fatwa No : 78242
Widowed Daughter in law and her orphaned son's share in father in law's property in laws'
معاملات / ترکات / احکام وراثت

Widowed Daughter in law and her orphaned son's share in father in law's property in laws'

Assalamu Alaikum!
What do the muftis say about the issue that my son has passed away, who was married, his heirs include a widow and children, he was living with me, he does not have any property etc., of his own. Now I want to know whether my widowed daughter-in-law and orphaned grandson have any share in my personal property?

الجوابُ حامِدا ًو مُصلیِّا ً

It should be clear that inheritance of a property applies after the death of the owner of the property and every person, before suffering from a fatal illness, is the sole owner of all his personal property and can dispose of it as he wishes. It is not obligatory for him to distribute his wealth and property among his children during his lifetime, nor does any son or daughter have the right to demand a share in it. Therefore, as long as the property owner is alive, his widow, daughter-in-law, orphaned grandchildren, great-grandchildren or anyone else has no right to anything in his personal property. However, whatever the property he owned at the time of his death will be considered his estate and legacy, which will be divided among his heirs at that time according to the Sharia.


مأخَذُ الفَتوی


وفی الدر:وهو الميراث وسمي فرائض لأن الله تعالى قسمه بنفسه وأوضحه (الی قولہ) وقيل لتعلقه بالموت الخ (کتاب الفرائض، ج6، ص758، سعید)۔

And Allah knows best
محمد صدیق سردار عُفی عنه
دار الافتاء جامعه بنوریه عالمیه
Fatwa No 78242 Verify Now
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