Question Summary:
my dad passed away- leaving behind a mother, wife, four sons and a daughter. he also has 2 sisters who are divorced. how will inheritance be worked out

Question Detail:

assalaamu alaykum. can mufti saheb please advise on the following:
1)my dad passed away- leaving behind a mother, wife, four sons and a daughter. he also has 2 sisters who are divorced. how will inheritance be worked out?
2)he was also in business with a son of his. how will the share be calculated. they were always in business together and it cant really be told who put in more work/effort  than the other.3) also what happens with his car, properties,etc? do we sell up and split the shares? what happens if we need the house, etc and cant sell up?

Answer :

In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh
1)      According to the Islamic Law of Succession and Inheritance, 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 Succession and Inheritance.

2)      The Marhoom’s estate will be divided into 216 equal shares as follows:
Wife                                    27 shares
Each son                           34 shares
Daughter:                          17 shares
Mother                                26 shares
The sister does not inherit.
3)   In order for us to issue a ruling, we require more information about the business. Was the father in a partnership with the son? If no, what are the details of the partnership?
4)  All the possessions of the father (house, car etc) will for part of the estate according to the proportion of the above mentioned shares. The heirs may mutually decide how to divide that car, house etc. The following may be adopted. The value of the car may be determined for example R50, 000. One son’s sharesm, for example is R100, 000. He may take the car and the estate owes him R50, 000  
And Allah knows best
Wassalam
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah