Assalamu alaikum, My father expired in 1987. His property was tranferred to my mother. We are three brothers and three sisters. All the brothers and sisters are married and settled Alhamdulillah. Now my mother wants to distribute the property. Also my mother wants to make some Sadakha-e-Jaria on my fathers name from his wealth. Please guide us how much percentage each one of us should get according to Islam. JazakAllahu khaira.
At the outset, it must be pointed out that the heirs of an Estate may only be determined upon one’s demise. According to the Islamic Law of Succession and Inheritance, distribution of an Estate will only commence after funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs – which will not exceed one-third (1/3) of the Estate after debts and funeral expenses – have been settled. Thereafter, all assets form part of the Nett Estate and will have to be distributed according to the Islamic Law of Succession and Inheritance. The nett Estate will be divided into seventy seven (77) equal shares and distributed as follows: Wife receives : 9 shares Each son receives : 14 shares Each sister receives : 7 shares It was incorrect to transfer your father’s entire estate to your mother. However, the children may relinquish their rights over their shares in favour of your mother. If the mother wants to distribute her property during her life time to her children, she may do so provided she maintains equality among all her children. She may also give any amount of charity and during her life time on behalf of your father. However, upon her death, her Estate and bequests will be governed by the rules and principles explained in the second paragraph. and Allah Ta’ala Knows Best Mufti Ebrahim Desai FATWA DEPT.