My mother died 7 yrs ago. Myself, my brother and sister have received no inheritance.

Question

My mother passed away 7 yrs ago and since then my father has remarried.We have received no inheritance. I have 1 brother and 1 sister.What Islamic rights do we have as to what we are still owed and what rights we still have on my fathers house which was also my mothers. What is the Islamic right of the stepmother as to her proportion of the estate should my father die. Please can you give me answers according to the shariah?

Mufti Ebrahim Desai · Accepted Answer

At the outset, it must be pointed out that the heirs of an Estate can only be determined upon one's demise.

According to the Islamic Law of Succession and Inheritance, distribution of an Estate will only commence after funeral expenses, debts 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.

In the event that a wife passes away and she is survived by a husband, one (1) son and two (2) daughters then Nett Estate will be divided into twenty (20) equal shares and distributed as follows:
Husband receives : 5 shares
Son receives : 6 shares
Each daughter receives : 3 shares

If the father predecease his wife, she will inherit 1/8 of his nett Estate.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

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