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Estate of man with no wife or children. in the event of an uncle’s (mother’s brother) death, how would his estate be dealt with? has no parents, no wife, no children. He has 1 brother and 1 sister

Answered according to Hanafi Fiqh by Askimam.org

in the event of an uncle’s (mother’s brother) death, how would his estate be dealt with? He has no parents, no wife and no children. He has 1 brother and 1 sister. His brother does not have a wife or chidren either. His sister has 3 children. All his paternal and maternal uncles and aunts are deceased. Shukran and may Allah s.w.t. reward everybody involved in this website, Insha-Allah.

Answer

According to the Islamic Law of Succession and Inheritance, distribution of
an Estate will only commence after funeral expenses, debts 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
Islamic Law of Succession and Inheritance.

The nett Estate will be divided into 3 (three) equal shares and distributed
as follows: Brother receives two (2) shares and sister receives 1 (one)
share.

The sister’s children do not inherit.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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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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