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Inheritance query

Answered according to Hanafi Fiqh by Askimam.org

assalamualaykum Mufti Sahab

I am obaid Siddiqui from India

I just want to know how to divide father’s property between 2 brothers and 3 sisters?

exp. I have 100,000 Rs. How to divide it to all?

JazakAllah Khairah

Answer

In the Name of Allaah, the Most Gracious, the Most Merciful.

As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.



DISCLAIMER

•The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

•Darul Iftaa bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

•This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Iftaa

 

According to the Shari’ah Laws of Inheritance and Succession, 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 net estate and will have to be distributed according to the Islaamic Law of Succession and Inheritance.

 

We have been advised that the deceased is survived by,

  • two brothers
  • three sisters

 

Accordingly, the estate of the deceased will be divided into 7 shares as follows:

 








Beneficiaries

Shares

Percentage

Brother 1

2

28.56 %

Brother 2

2

28.56 %

Sister 1

1

14.28 %

Sister 2

1

14.28 %

Sister 3

1

14.28 %

TOTAL

7

99.96  %

 

If the deceased was survived by a wife (mother), she too will inherit. In that instance, the above distribution will not apply.

Note: Due to the intricacies of rounding off each beneficiary’s percentage share to the nearest decimal point, there is a remainder of 0.04% in the percentage column. This could result in some minute amount of the estate being left over after distribution. Hence, in the event of any surplus left after distribution, that can either be given in charity on behalf of the deceased with the consent of all the heirs or it can be given to any of the heirs with the permission of the others; otherwise it will have to be redistributed according to the above percentages as far as possible.

In the example provided, 28.56% of Rs.100,000 is R28,560, and 14.28% of Rs.1000,00 is Rs.14,280. There will be a remainder of Rs.40 which can either be given in charity on behalf of the deceased with the consent of all the heirs or it can be given to any of the heirs with the permission of the others; otherwise it will have to be redistributed according to the above percentages as far as possible

And Allaah Ta’aala Knows Best.

Muajul I. Chowdhury

Student, Darul Iftaa

Astoria, New York, USA

Checked and Approved by,

Mufti Ebrahim Desai.

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

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