My uncle died last year. He was not married. He left his assets and some bank balance. He has 3 real sisters (all alive) and 1 elder brother (died before him) who has 3 sons and five daughters. His sisters are all married and the eldest sister has 3 sons and five daughters, second sister has 5 sons and 1 daughter and the last sister has 1 son and 1 daughter. So I want to know who are his legal heirs according to Islamic Shariah and what will be the ratio of the distribution of the property among the legal heirs? Please response to it as early as possible.
Answer
(Fatwa: 1837/453/D=1432)
In the case mentioned above, after due rights preceding inheritance, the entire asset and property of your uncle shall be divided into 9 shares. All the real sisters will get 2-2 shares and the three nephews (sons of his brother) will get 1-1 shares. The daughters of his brother will get nothing. The detail is as follows:
3 sisters 3×2= 6 shares
3 sons of his brother 3×1= 3 shares
Total: 9 shares
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband