The share of my late brother's estate as the heir from my mother's rights.

Question

My elder brother died in 1987 leaving behind his mother, wife, four sons and three daughters. My mother died in 1989 , what is my share in my brother's property ?

Mufti Ebrahim Desai · Accepted Answer

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 man passes away and he is survived by mother, one (1) wife, four (4) sons and three (3) daughters then Nett Estate will be divided into two hundred and sixty four (264) equal shares and distributed as follows:

Wife receives : 33 shares

Each son receives : 34 shares

Mother receives : 44 shares

Each daughter receives : 17 shares

You do not inherit from your brother's Estate.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

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