Fatwa: # 41452
Category: Inheritance (Irth)
Country: United States
Date: 23rd March 2019

Title

Estate distribution of a deceased brother

Question

Assalamoalaikum warahmatullahi wabarkatuhu,
My second brother passed away while he was still unmarried, please guide us as to how his property is to be distributed.His surviving relatives are my mother, my two married and independent bros, and two of us married sisters .We also had another brother (No3) who also passed away and has a son, my sis in law is now remarried.
Please let us know on how the property is to be distributed, and also if at all my nephew from my third brother also has any share in it.
Jazakallu Khairan Kaseera 
Allahhafeez

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

DISCLAIMER

•            The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

•            Darul Iftaa 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 the Darul Iftaa

 

According to the Shariah Law of Succession and Inheritance, distribution of an estate will only commence after funeral expenses, which should not be extravagant nor miserly.

Thereafter all debts (including legal costs) and bequests (if any) made to non-heirs - which will not exceed one-third (1/3) of the Estate should be paid.

Thereafter, all assets form part of the Net Estate and will be distributed according to the Islamic Law of Succession and Inheritance.

We have been advised that your brother passed away and he is survived by:

  • Mother
  • Two Brothers
  • Two sisters
  • Nephew (Brother’s son)

 

According to the Shariah laws of Inheritance and Succession, if there are no other heirs besides the above, then the estate will be divided in 36 equal shares:

BENEFECIARIES

SHARES

PERCENTAGE

Mother

6

16.67%

Brother 1

10

27.78%

Brother 2

10

27.78%

Sister 1

5

13.89%

Sister 2

5

13.89%

Nephew

NIL

NIL

TOTALS

36

100%

 

The Mother will inherit 1/6th of the estate.

The remainder will be distributed amongst the two brothers and two Sisters in the ratio 2:1.

The nephew will not inherit any share of the estate.

 

And Allah Ta’āla Knows Best

Muhammad I.V Patel

Student Darul Iftaa
Lusaka, Zambia

Checked and Approved by,
Mufti Ebrahim Desai.

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