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Someone died leaving 3 daughters and 1 son..the deceased had 4 appartments…he gave one to each son/daughter, can this be done? or daughters will only get half of what the sons get?

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Someone passed away leaving three daughters and one son..the deceased had four appartments…he gave one to each son/daughter (mentioned in the will), first of all can this be done? or daughters will only get half of what the sons get? b) if one of the daughter dies……how will her appartment be distributed? this daughter has no children … will her husband, sisters and brothers get anything? c) If these three daughters and sons have any children..will the children get anything? (from their grandfather’s wealth)

Answer

At the outset, it must be pointed out that the heirs of an Estate may only
be determined upon one’s demise.

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.

1. The nett Estate will be divided into 48 equal shares and distributed as
follows: Father receives 8 shares, Mother receives 8 shares, Wife receives 6
shares, Each son receives 13 shares. The brother and sisters will not
inherit.
2. It is Mustahabb (preferable) to leave a will. (Mirqaat vol.6 pg.180).
However, it is necessary to leave a will if one owes someone some right.
3. In principle, the heirs are the sole owners of their respective shares.
Therefore, they may do whatever they wish. They may give it to another heir
or even give the money to charity.
4. It is our humble opinion to reduce such an agreement to writing to avoid
sour relationships later. In principle, once a person forfeits his/her
right, he/she cannot reclaim it.
5. Once a person passes away, all his possessions belong to all the heirs.
Therefore, none of the heirs may give away any belonging of the deceased
except with prior mutual consent of all major heirs. If any heir did not
take consent of any heir he/she shall be responsible for the item.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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