Who gets the property, if there is no will. mother died a few years back, we did not recieve any inheritance. after which my father married again, and his second wife has outlived him

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I would like to know the islamic answer to the following question. my mother died a few years back an we did not recieve any inheritance. after which my father married again, and his second wife has outlived him. so now our step mom has sole access to the house as is the custom in england, islamically what is owed to us. In my family i have three older brothers and two sisters, i am the only one not married all my other brothers and sisters are married. i still currently reside in the family house also. thank you

Darul Iftaa Mahmudiyyah (AskImam) · Accepted 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.

Your mother's estate had to be distributed as follows: one-quarter to your father, the remaining three-quarters to be distributed as: 2 shares to each son, 1 share to each daughter. Thereafter, when your father dies, one-eighth for his new wife and the remaining seven-eighth is between you all. 2 shares for the sons and 1 share for the daughters.

Whatever share your father inherited from your mother will also be included in his estate.

and Allah Ta'ala Knows Best

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