Property Distribution

Based on your description, every heir of your grandfather will be entitled to inheritance of the land of your grandfather and rejection by your paternal uncles is an oppression which is “haram”. Those who reject genuine shares to entitled heirs, deserve severe warning of punishment. فَإِنَّ النَّبِيَّ صَلَّى اللہ عَلَيْهِ وَسَلَّمَ قَالَ: «مَنْ ظَلَمَ قِيدَ شِبْرٍ مِنَ الأَرْضِ طُوِّقَهُ مِنْ سَبْعِ أَرَضِينَ» (صحیح بخاری : کتاب المظالم  والغصب ،۲۴۵۳) The above “Hadith Sharif” mentions that if a person illegally seizes a hand’s span of land, Allah (SWT) will put around his neck a collar of land cut out from the seven earths equal to the piece of land he had unjustifiably grabbed. Take these stern warnings up to your uncles and try to convince them to fear Allah and do justice. 2. Now, regarding your father’s construction of house on the land which belonged to your grandfather: a.If the construction was done with the permission of your grandfather; b.The house was built by your father exclusively for himself, and not for your father’s parents or brothers; then the constructed house will be considered sole property of your father.  Per the above scenario; after the death of your grandfather, the house built by your father will not have its inheritance going out to anyone of your grandfather’s siblings. They will be eligible to receive inheritance only, of the land on which your father had constructed the house, because your grandfather was the sole owner of that land. But if the circumstances were different by which: a. Status or ownership of the house was not determined at the time of construction. b. Your father had in fact built this house for the welfare and cooperation or as a gift to his father (your grandfather) or for his brothers; Then the land as well as the constructed house will be considered your grandfather’s property, which must be distributed per inheritance rules to all heirs of your grandfather.    Inheritance will be distributed as follows: Entire property of your grandfather will be divided into 96 shares. Each son will receive 16 shares and each daughter will receive 8 shares. Regarding the loan your father had taken from your grandfather, it must also be distributed to all heirs of your grandfather. To give out the loaned amount in charity on behalf of your grandfather will not be allowed. It is recommended that you consult a local “Dar-ul-Qadha” in settling these inheritance matters.    

Fatawa ID: 1176