Question ID: 30721
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Assalamu Alaikum wa Rahmatullahi wa Barakatuh Honourable Mufti Saheb,
I pray that you are well and that this email reaches you in the best of health.
My great-grandfather owned a piece of land in India. At the time of his passing away, he had three living children – one son and two daughters. After he passed away, the land was transfered onto the name of the two daughters who were living in India i.e. the inheritance was not distributed at the time (the son was living in South Africa but subsequently passed away). From the two daughters, one subsequently passed away and my grandmother (who is 99) is the last living child. The family wish to sell the land urgently while my grandmother is still alive (she suffers from dimentia/alzheimers – but is physically able to sign) and distribute the proceeds according to the Sharia. All three siblings (my grandmother (who is living), her sister (who passed away) and her brother (who passed away) have living children.
Please advise, urgently if possible, how the proceeds should be distributed.

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Asked on November 16, 2012 12:49 pm
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This has to go back to the original.
Grandfather dies - leaved behind - 1 son - 2 daughters.
Then Son and 1 daughter dies left 1 daughter.
Property has to be evaluated and sold and then heirs will be living daughter and the children of the deceased son and daughter.
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Answered on November 16, 2012 12:49 pm