Q: A man left behind his wife, 3 daughters, 1 son after his death. In his estate there is plot of land of 97×78=7566sqft area. In which from one side a house is present on about 61×40=2440 sqft area. According to shariah the division of land will be wife=945.75sqft, each daughter=1324.05sqft, and son 1324.05×2=2648.10sqft.
But before the distribution of estate 3rd daughter died leaving behind her husband, 2 daughters, mother, 2 sister, 1 brother. According to shariah (I am not sure) the estate of 3rd daughter will be divided in 13 equal parts, in which 2 parts will go to mother and rest 9 parts will be in 2 daughter and husband portion. According to this 203.7 sqft from 3rd daughter’s estate will become part of mother’s portion i.e. mother’s portion will be 945.75+203.70 sqft and portion of husband and daughters of 3rd daughter(who died) of the deceased will be 1324.05-203.7=1120.35 sqft.
Q1: When ever distribution is done is it mandatory to distinctly clarify the part of each share holder?
Q2: If yes for Q1 then for 3rd daughter what will done? Her husband’s and daughter’s portion will be clarified i.e. 1120.35 sqft and mother’s part of 203.70 sq ft OR 3rd daughter’s portion of 1324.05 sqft.
Q3: Mother wants to distribute her portion of 945.75 and 203.7 among her children who are alive. Then she has decided to give 50% of her share to her son and 25% each to her daughters. Is it necessary for her clarifying each part before giving her share to any of her son or daughter?
Q4: whether area’s of share holders can be shown according to following:
Daughter 1= 1324.05+287.3625=1611.41 sqft
Daughter 2=1324.05+287.3625=1611.41 sqft
Son= 2646.1+574.72=3222.82 sqft
- The share and portion of each heir should be distinguished from the others and distributed i.e. the share/portion of the deceased daughter’s husband and daughters have to be distributed as well.
- She has to distinguish the portion that she wishes to give to her son and two daughters from her share. Further, since this is gifting and not inheritance, then without a valid reason she should not give the son more than the daughters.
- It is appropriate that the heirs of the third daughter be added with their respective shares.
And Allah Ta’ala (الله تعالى) knows best.
Mufti Yusuf Mulla
Checked & Approved: