Fatwa: # 17577
Category: Inheritance
Country: India
Date: 24th February 2009

Title

A man Abdul Wahab has 4 children, 1 son named Idris and 3 daughters. He has a common property. Abdul Wahab and his wife passes away.

Question

A man Abdul Wahab has 4 children, 1 son named Idris and 3 daughters. He has a common property. Abdul Wahab and his wife passes away.
NOW THE PROPERTY DOCUMENT IS NOT TRANSFERRED TO THE 4 CHILDREN. THE PROPERTY IS STILL IN ABDUL WAHAB's NAME.
Son Idris looks after the affairs of this property.
Now the son Idris also passes away. Idris has 5 sons, 4 daughters and 1 Wife.
So now when the legal heirs of Abdul Wahab wanted to divide the property, the 3 daughters of Abdul Wahab take One share each and leave 2 shares to rest with the deceased Idris family.
Now my question is,

a. what is the ratio at which Idris share is partitioned among his wife and Children ?
b. Who are the legal heirs of Idris ?
c. If Idris's wife has a share ? As the property in question is not on Idris's name but of his father.

Please reply this question as soon as possible as some family members makes an issue whether to give a share to the mother.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

Based on the information provided, Idris’s estate will be divided into 16 shares:

 

-          Wife          :  2   shares

-          Sons          : 10 shares (each son, 2 shares)

-          Daughters :  4  shares (each daughter, 1 share)

Note:

You have not stated whether Abdul Wahab passed away first or his wife. If Abdul Wahab passed away first, his wife will be entitled to a share in the property. Upon her demise, if she had heirs besides her four children like her father or mother, they will also be entitled to a share in the property as they are direct heirs of her. However, if she passed away before Abdul Wahab, the ruling will not be affected. Please clarify the date of her demise and her heirs at that time (if she passed away after Abdul Wahab).

2. The legal heirs of Idris are his wife and children.

3. In terms of Shari’ah, Idris’s wife is entitled to part of her husband’s share in the property, though the property was not registered on his name. She is a legal heir to his estate. He passed away and left behind a share in a property which he was entitled to. Upon his demise, she becomes entitled to part of this share.

 

And Allah Ta'ala Knows Best

Wassalamu Alaykum

Mufti Ebrahim Desai
Darul Iftaa

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