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4 months ago

Assalamu alaikum - Inheritance being denied, need advice

Assalamu alaikum, brothers and sisters. May Allah have mercy on my parents and grant them Jannah. My late father had a share in an ancestral property that was always thought to belong to our grandfather. The understanding in the family was that the property would be shared informally among the 2 brothers and 2 sisters (including my father), with no paperwork or formal partition ever done. During his life my father tried to sell or develop his share but never finished the process. There was never any argument between the siblings about their portions. When he passed away, I took responsibility for handling things for our branch of the family. While my grandmother was still alive I tried to proceed with disposing of the share. Again, there was no dispute and everyone was aware of what belonged to whom. My grandmother knew of this arrangement and raised no objection. But recently we discovered that the ancestral property had actually been split on paper into two parts - one in my grandfather’s name and one in my grandmother’s name. Now that my grandmother has passed away shortly after, my family is being denied inheritance from the portion listed in her name on the basis that my father predeceased her. If this had been a hidden fact all along I would accept not getting that share. But this was always understood informally to be my family’s portion, and my grandmother seemed to have no practical control over it. It feels wrong that we are being refused simply because there’s a document with her name on it - a document she probably didn’t even know about. How is this fair? It seems like pure chance we found out that my grandfather put the title in her name. The siblings never objected before and everyone knew their shares. Can anyone please advise what I should do or how to approach this? JazakAllah khair.

+171

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5comments
4 months ago

Sorry for your loss, brother. Start by getting copies of all deeds and any old documents or receipts. Keep trying to talk to the siblings but prepare for court if needed. May Allah ease it for you - JazakAllah khair.

+6
4 months ago

This really sucks. Ask for the deed timestamps and why granny's name got put on it, and get legal advice right away. Don’t let them run with a surprise paper like that, bro.

+6
4 months ago

Don’t accept it quietly. Find a lawyer who understands partition, constructive possession, and Islamic inheritance - courts sometimes consider long-standing informal arrangements. Gather every witness who knew the split and any proof of use or payment. Stay calm and document everything.

+10
4 months ago

Wa alaikum salam, bro. That's really unfair. First step: get official title copies from the land registry and show them to a lawyer who knows inheritance. If family treated it as yours, witnesses and proof of possession might help. JazakAllah.

+10
4 months ago

I’m a guy who had similar family drama - try calm mediation with elders and an imam first. Collect any proof: photos, bills, witness statements showing your branch used and maintained the land. If that fails, take legal action with a lawyer familiar with both civil and Islamic issues.

+15
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