Fatwa: # 18187
Category: Inheritance
Country: South Africa
Date: 5th August 2009

Title

1. What is the estate distribution of 2 brothers and sisters? 2. If two people went to India to wind up a property belonging to the estate, can they claim re-imbursement from ...

Question

1. What is the estate distribution of 2 brothers and sisters?
2. If two people went to India to wind up a property belonging to the estate, can they claim re-imbursement from the estate for their travelling expenses. They had only informed one member from each family before they left for India to resolve that property.  

Answer

In the name of Allah, Most Gracious, Most Merciful


Assalaamu `alaykum waRahmatullahi Wabarakatuh

 

1.)    The wealth will be divided into six equal portions and each of the two brothers will take two portions each and the two sisters will take one portion each.

2.)    The two people cannot claim reimbursement from the inheritance money unless every one of the inheritors had authorized the travel for this specific purpose. If there are any individuals that are not baligh (mature) yet then even if they give permission it cannot be accepted.

If the permission is granted by all the inheritors then each inheritor will have money deducted in proportion to their specific amounts.   

 

(Fatawa Mahmoodiya, 2/ 508, Farooqiyah)

(Ahsan ul-Fatawa, 9/ 316, Saeed)

(Fatawa Rahimiya, 10/ 275, 281, Isha’at)

And Allah knows best

Wassalaamu `alaykum

Ml. Sajid bin Shabbir,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
The Messenger of Allah said, "When Allah wishes good for someone, He bestows upon him the understanding of Deen."
[Al-Bukhari and Muslim]