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Dividing Belongings: Navigating Inheritance with a Deceased Father and Elderly Grandmother

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: Deceased person has mother, wife and two children (son and daughter). How his belongings will be divided? At the moment grandmother of the children is 90 years old and lost her realisation and she has two brothers and one sister. Can grandchildren get grandmother’s belonging (If yes) then how? Grandchildren are taking care of her grandmother because both her sons are deceased.

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A: The estate will be divided into 72 equal shares and distributed as follows:

Wife will receive 9 shares

Mother will receive 12 shares

Son will receive 34 shares

Daughter will receive 17 shares

We advise that the heirs should not fight over this in her lifetime, They should provide the necessary khidmat and service and after her death the estate will be distributed amongst her heirs. If she has no children whatsoever then her estate will be divided amongst her paternal grandchildren.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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