Question Summary:
Our family consisted of 10 brothers and two sisters. Both our parents are dead. One of our brothers died in 1978 leaving behind wife, four sons and two daughters….how is the estate distributed?

Question Detail:

Our family consisted of 10 brothers and two sisters. Both our parents are dead. One of our brothers died in 1978 leaving behind wife, four sons and two daughters. One unmarried brother and a divorced sister with no children also died in 2003 and 2005.

Now the property of above unmarried brother and divorced sister with no children is to be distributed among the surviving 8 brothers and one sister. Are our orphaned nephews/nieces and sister-in law entitled to any share in the estate of the above uncle/aunt alongwith us brothers and sister? If so, how much?

In other words, do the nephews/nieces retain their entitlement to inheritance in the estate of their uncles/aunts despite their father having passed away in the life time of the above brother/sister when the property/estate did not even exist? Thanks.

Answer :

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh
The estate of the unmarried brother and divorced sister with no children will be inherited by the remaining eight brothers and one sister in seventeen equal shares. Each brother will be entitled to two shares and the one sister will be entitled to one share. The nephews and nieces will not be entitled to any share of their deceased uncles and auntie’s estate to be carried over to his surviving children. However, if your parents passed away, in the lifetime of the brother, then he will inherit from both his parents’ estate. If that estate is not distributes until now, then his widow and orphan children will be entitled to their share of inheritance from that estate.
And Allah Ta’ala Knows Best
Wassalam

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah