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Rightful Distribution of a Father’s Property

Q:

Asalamoalaikum..

My father has 3 step siblings.. 2 sisters and one brother..

My grandfather transfered all his property to my step grand mother ( marhoma).. My step grandmother transfered it to my step chacha.(paternal uncle) and they didnt give a single penny to my father..

My father is jobless for years.. And my mother is earning and affording all.. Even the property in which we are living belongs to my mother…

Now as my grand father is old.. his other children send him to us… Our home is not so big.. They are not arranging accommodation for him.. whereas they have all the property plus grandfathers pension too..

now in this case what should we do.. In light of islam..?

A:

Alaykum Salaam

By transferring his property your grandfather has shown that he trusted his son to look after his needs and that issue must be emphasised to your uncle now.

As far as Shari’a goes, any estate he has (if at all) can only be distributed after his passing.

If there is no one to look after you  grandfather, then despite your difficult financial circumstances, it becomes the duty of your father to arrange for accommodation.
Your grandfather can claim back his pension at least, which should help Inshallah.

I think it may be beneficial to seek the help of local community elders to intervene and come up with an equitable solution.

Abbas Jaffer