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Divide cash inheritance among 8 siblings, incl. deceased brother’s son?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
As salaam alaikum There is a cash inheritance to be divided between 4 brothers and 4 sisters. 5th brother died before our mother leaving one son behind. Our father had died long time back. Please advise how the division is tobe made using 100 as the number. Also if the son of our late brother is eligible and how much should be his share. Wa Salaam

Answer

(Fatwa: 2071/B=1668/tb=1431)

All the property shall be divided into 12 shares; out of which 2-2 shares shall go to brothers while 1-1 share to each sister. The fifth brother and his children shall be deprived.

Brothers: 4×2=8
Sisters: 4×1=4
Total Shares: 12

Note: The answer is correct when it is meant to divide the mother’s inheritance. If the property of father is to be divided, then submit the question again and write whether the fifth son died before his father or after him?

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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