Fatwa: # 17906
Category: Inheritance
Country: Pakistan
Date: 8th May 2009

Title

An old lady has some property:...Please tell how will her property be divided among the heirs upon death of the old lady.

Question

An old lady has some property:

- she has 2 daughters

- her parents are not alive

- her husband is not alive

- no uncle or aunt is alive

- she has 3 brothers and 5 sisters

 

Please tell how will her property be divided among the heirs upon death of the old lady.

 

JAZAKUMULLAH KHAIR

Answer

In the name of Allah, Most Gracious, Most Merciful


Assalaamu `alaykum waRahmatullahi Wabarakatuh

 

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 33 equal shares as follows:

 

Each daughter will receive                   11 shares             (11 x 2 = 22 shares)

Each brother will receive                        2 shares             (3 x 2 =  6 shares)

Each sister will receive                           1 shares               (5 x 1 =  5 shares)

                                                                                                        __

Total Shares                                                                               33 shares

 

And Allah knows best

Wassalamu Alaikum

Ml. Mohammed ibn Hashim Amod

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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