Fatwa: # 19852
Category: Inheritance
Country: India
Date: 14th March 2012


How will the house be divided?


My grandmother had transferred half of her house to my mother at the time of marriage as Mehar. My father has three bothers. Now my question is: should my mother or father take half of the house already transferred to my mother at the time of marriage as Mehar or should it be divided equally into 04 shares out of which 03 shares are for my father's 03 brothers and 01 share for my father or mother


In the Name of Allah, the Most Gracious, the Most Merciful.


As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Please provide clarity on the following issues in detail and resubmit your question:

1.      Does your 'grandmother' in your question refer to your paternal grandmother (i.e. your father's mother)?

2.      Was this grandmother the owner of the house when she transferred half of it as Mahr?

3.      When the house was given as Mahr, was it transferred officially, or registered in the Nikāh register as the Mahr, or simply said to be the Mahr by mouth? Was this with or without any witnesses?

4.      Does the 'share/s' in your question refer to the share/s of the estate of the same grandmother?

5.      Is this grandmother deceased?

6.      Are the four brothers (i.e. your father and his three brothers) the only rightful heirs of your paternal grandmother according to Shari'ah (i.e. there are no other inheritors recognised in Shari'ah present)?

7.      Is there any other item etc. in the estate of this grandmother.

And Allah Ta’āla Knows Best

Maulana Mahmood Patel
Azaadville, South Africa
Student Darul Iftaa

Checked and Approved by
Mufti Ebrahim Desai.


DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
The Messenger of Allah said, "When Allah wishes good for someone, He bestows upon him the understanding of Deen."
[Al-Bukhari and Muslim]