Inheritance of Property

Shortened Question:

How should the property be distributed among the heirs?

Question:

As-salaamu ‘Alaykum wa Rahmatullaahi wa Barakaatuhu

A man is survived by only the following relatives:

1) 5 daughters and 2 sons of a late Akhyaafi sister

2) 2 daughters and 3 sons of a late Akhyaafi brother

How will the estate be divided among them? jazaakAllah. wassalaam

Answer:

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

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

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According to our understanding, the deceased is the uncle and the heirs are his maternal nephews and nieces.

If so, then the property should be divided into 12 shares and each heir should be given 1 share[1].

If our understanding of the relationship with the deceased is incorrect, then the ruling will not apply.

And Allah Ta’āla Knows Best

Hanif Yusuf Patel

Student Darul Iftaa
UK

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net

 

References

[1] [Mu`īn al-Farā`iż, p.73, Jamiah Husainiyah Rander, Surat]

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Posted in Inheritance & Will on 3rd Mar 2016 by Our Imam | 579 Views