Our Father expired without a will. What will be the inheritance breakup for our family of, Mother, Fathers unmarried(Deaf and Dumb)sister, Five married brothers ,One sister married.
Question
"We have a question regarding Inheritance Our Father has expired without a will in place Our family consists of the following members.. 1. Our mother 2. Fathers unmarried(Deaf and Dumb) sister 3. Five brothers all married 4. One sister married We have moveable an immovable property in our Fathers name which we would like to distribute across each of one according to the Laws of Islam. Do our children, (grand children to our Father) also inherit from his property. Also for immovable property, does our place of residence(currently residing) in my Fathers name also become a part of wealth and has to be distributed. Pls suggest"
Answer
According to the Islamic Law of Succession and Inheritance, distribution of an Estate will only commence after funeral expenses, debts (including legal costs) 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.
The nett Estate will be divided into eighty eight (88) equal shares and distributed as follows:
Wife (mother) receives : 11 shares
Each son (brother) receives : 14 shares
Each daughter (sister) receives : 7 shares
Father's sister and grandchildren do not inherit.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.
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- Mufti Ebrahim Desai
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