My late father didn’t make any will, now we have to distribute the assets among my mother, sister (married), younger brother and I (married). We have a home in Nagpur (Maharashtra) two-story building, total 8 rooms including kitchen estimated cost Rs 30, 00, 0 00. Currently no one lives there, but in future we might shift to Nagpur. Second in Pune (Maharashtra) two BHK estimated cost Rs 20, 00,000. We all settled in Pune due to brother and my job with mother, and a cash of Rs 7, 55,000. As my late father was a government servant my mother receiving a pension of Rs 16,000 pm. (Will pension also get distributed among all)?

Home » Hanafi Fiqh » Darulifta-Deoband.org » My late father didn’t make any will, now we have to distribute the assets among my mother, sister (married), younger brother and I (married). We have a home in Nagpur (Maharashtra) two-story building, total 8 rooms including kitchen estimated cost Rs 30, 00, 0 00. Currently no one lives there, but in future we might shift to Nagpur. Second in Pune (Maharashtra) two BHK estimated cost Rs 20, 00,000. We all settled in Pune due to brother and my job with mother, and a cash of Rs 7, 55,000. As my late father was a government servant my mother receiving a pension of Rs 16,000 pm. (Will pension also get distributed among all)?

My late father didn’t make any will, now we have to distribute the assets among my mother, sister (married), younger brother and I (married).
We have a home in Nagpur (Maharashtra) two-story building, total 8 rooms including kitchen estimated cost Rs 30, 00, 0 00. Currently no one lives there, but in future we might shift to Nagpur. Second in Pune (Maharashtra) two BHK estimated cost Rs 20, 00,000. We all settled in Pune due to brother and my job with mother, and a cash of Rs 7, 55,000. As my late father was a government servant my mother receiving a pension of Rs 16,000 pm. (Will pension also get distributed among all)?



Answer

(Fatwa: 1084/L=420/TL=1433)

In the above mentioned case, if your mother, you two brothers and one sister are only the heirs of your father and none among your grandfather, grandmother was alive at the time of your father’s death, then the property of your deceased father shall be divided into 40 shares, after due rights proceeding inheritance. Out of which your mother shall get 5 shares, each brother will get 14-14 shares while your sister will get 7 shares. The detail of the division is as follows:

Details:
Wife: 1×05 = 05
Sons: 2×14 = 28
Daughter: 1×07 = 07
Total: 40 shares

The pension which your mother is receiving from the government it is a kind of gift and aid from the government. Your mother shall be sole owner of that money and no inheritance shall be applicable in it.

Allah (Subhana Wa Ta’ala) knows Best



Darul Ifta,
Darul Uloom Deoband