Question Summary: Inheritance Query Question Detail:
Please confirm how will the distribution take place of my uncle's property/valuables etc. He is survived by his wife, one son (who is married), two daughters (both are married), his mother, his elder brother (who is married), two sisters (both are married)
Answer :
In the Name of Allah, the Most Gracious, the Most Merciful. As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. According to the Shariah Law of Inheritance and Succession, distribution of an estate will only commence after funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs - which will not exceed one-third (1/3) of the estate after debts and funeral expenses - have been settled. Thereafter, all assets form part of the Nett Estate and will have to be distributed according to the Islamic Law of Inheritance and Succession. We have been advised that the deceased is survived by one wife, one son, two daughters, his mother, one brother and two sisters. Accordingly, in the enquired situation the Nett Estate will be divided into ninety-six (96) equal shares and distributed as follows:
|
Heir
|
Shares
|
Percentage
|
Wife
|
12
|
12.5%
|
Son
|
34
|
35.42%
|
Daughter 1
|
17
|
17.70%
|
Daughter 2
|
17
|
17.70%
|
Mother
|
16
|
16.67%
|
Brother
|
0
|
0%
|
Sister 1
|
0
|
0%
|
Sister 2
|
0
|
0%
|
If the heirs mutually agree on the distribution of the property and valuables of the deceased, that too is acceptable.
And Allah Ta’āla Knows Best
Abdullah Ghadai
Student Darul Iftaa
Michigan, U.S.A
Checked and Approved by,
Mufti Ebrahim Desai.
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