My father expired in 2005. He left his wife, two sons and one daughter. Both sons and the daughter were married at the time of his death. Both the sons and their mother are still living in the same house which was the property of the deceased, whereas the daughter is living with her husband in Moradabad. Now due to heavy loan on one of the son, they want to sell the house. Please let me know the share of each person i.e. wife, two sons and the daughter.

My father expired in 2005. He left his wife, two sons and one daughter. Both sons and the daughter were married at the time of his death. Both the sons and their mother are still living in the same house which was the property of the deceased, whereas the daughter is living with her husband in Moradabad. Now due to heavy loan on one of the son, they want to sell the house. Please let me know the share of each person i.e. wife, two sons and the daughter.

Answer

(Fatwa: 304/L=138/TL=1434)

In the case mentioned above, if at the time of the death of your father none among your grandfather, grandmother was alive then all the property of your deceased father shall be divided into 40 shares, after due rights preceding inheritance. Out of the total, 5 shares shall go to his wife, 14-14 shares to each son and 7 shares to the daughter. The detail of division is as follows:

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

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband