Distribution Of Estate

Question

A property of my late grandfather was recently sold. We need to distribute the money received to the rightful heirs. Both my grandparents are deceased. They had 11 children (8 sons , 3 daughters). Only 1 so and 2 daughters are currently alive. One of the sons had passed on before my grandfather passed away. Please advise how the inheritance will be distributed?

Mufti Abdul Kader Fazlani · Accepted Answer

According to the Islamic law of succession, the estate will be dissolved in the following manner:

a) The burial expenses will be paid by the estate.

b) Any debts incurred by the deceased which still remain outstanding will be settled.

c) Any bequests made by the deceased will be settled from 1/3 of the remainder (i.e. the remainder after off–setting the debts and paying burial expenses).

d) The remainder will be distributed amongst the legal heirs according to the Quraan and Sunnah as calculated below:

SON 1: 2 shares (11.76%)

SON 2: 2 shares (11.76%)

SON 3: 2 shares (11.76%)

SON 4: 2 shares (11.76%)

SON 5: 2 shares (11.76%)

SON 6: 2 shares (11.76%)

SON 7: 2 shares (11.76%)

DAUGHTER 1: 1 share (5.88%)

DAUGHTER 2: 1 share (5.88%)

DAUGHTER 3: 1 share (5.88%)

TOTAL: 17 shares (99.96%)

N.B. Due to the difficulty of rounding off, there is a remainder of 0.04%. This amount may be given in charity with the consent of all the heirs or re-distributed according to the above percentages.

Furthermore, the son who passed away before the father will not inherit. Now, since only one brother (son) and two sisters (daughters) are alive, the shares of the deceased sons and daughters will go to their heirs. Should you require assistance in distributing those shares, you may send the heirs of each deceased son and daughter and we will calculate their Islamic shares of inheritance accordingly.

May Allah Ta’ala grant all the Marhoomeen Jannatul Firdaus, Aameen!

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