AskImamDarul Iftaa Mahmudiyyah (AskImam)

Estate of man with no wife or children. in the event of an uncle's (mother's brother) death, how would his estate be dealt with? has no parents, no wife, no children. He has 1 brother and 1 sister

Fatwa 6671English
Wills and Inheritance

Question

in the event of an uncle's (mother's brother) death, how would his estate be dealt with? He has no parents, no wife and no children. He has 1 brother and 1 sister. His brother does not have a wife or chidren either. His sister has 3 children. All his paternal and maternal uncles and aunts are deceased. Shukran and may Allah s.w.t. reward everybody involved in this website, Insha-Allah.

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 Net Estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.

The nett Estate will be divided into 3 (three) equal shares and distributed as follows: Brother receives two (2) shares and sister receives 1 (one) share.

The sister's children do not inherit.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

Answered by
Mufti Ebrahim Desai
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