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Our Father expired without a will. What will be the inheritance breakup for our family of, Mother, Fathers unmarried(Deaf and Dumb)sister, Five married brothers ,One sister married.

Answered as per Hanafi Fiqh by Askimam.org

“We have a question regarding Inheritance Our Father has expired without a will in place Our family consists of the following members.. 1. Our mother 2. Fathers unmarried(Deaf and Dumb) sister 3. Five brothers all married 4. One sister married We have moveable an immovable property in our Fathers name which we would like to distribute across each of one according to the Laws of Islam. Do our children, (grand children to our Father) also inherit from his property. Also for immovable property, does our place of residence(currently residing) in my Fathers name also become a part of wealth and has to be distributed. Pls suggest”

Answer

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 eighty eight (88) equal shares and
distributed as follows:
Wife (mother) receives : 11 shares
Each son (brother) receives : 14 shares
Each daughter (sister) receives : 7 shares

Father’s sister and grandchildren do not inherit.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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