Inheritance of Property
How should the property be distributed among the heirs?
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
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
- The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
- The 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 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.
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
Checked and Approved by,
Mufti Ebrahim Desai.
References  [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 | 1015 Views