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f:571 -    Will the paternal aunt receive share from the legacy of her mother
Country : ,
Name : Abdul Samee
Question:     Will the paternal aunt receive share in the paternal grandmother's legacy?
Answer:     In the legacy left by your paternal grandmother, like your father, uncles etc., as per the Shariah, your paternal aunt also is a heir.  Her demand in her mother’s legacy is correct.  Whatever your father has written about the legacy of your paternal grandmother in your favor is a will/bequest in your favor.  A will/bequest in favor of a heir is not implemented.  As the Holy Prophet (Sallallahu alaihi wa sallam) says:

Translation: Indeed Allah Most High has granted the due right to whom it is due.  Thus, a will not be implemented in favor of an heir.  (Sunan Abu Dawood, Hadith No. 2872)

Thus, your sister is right demanding her share in the legacy of her father.  All the children of the father are heirs in the legacy of the father.  Your seven siblings will also share in the property.  If your father had given you the property in his lifetime and given you possession of it, then you would have been the absolute owner of the property.  Others could not have asked about it.

And Allah Most High knows best.

Mufti Syed Ziauddin Naqshbandi Qadri

[Professor, Islamic Law, Jamia Nizamia,
Founder-Director, Abul Hasanaat Islamic Research Center]
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