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How to divide deceased wealth… He has left behind a wife, daughter, three brothers and a sister. Parents passed away few years ago, all brothers are married and have their own children.

Answered according to Hanafi Fiqh by Askimam.org

We need to know the ruling on how to divide deceased persons wealth. He had an equal share in the family business, all his wealth and assets were in the family business. Since he passed away his portion of the share has been calculated to an X amount. He has left behind a wife, daughter, three brothers and a sister. Parents passed away few years ago, all brothers are married and have their own children. If the wife and daughter are living in a different country to that of the deceased family, (she is in the same country as her own parents) can the deceased family control the inheritance of the deceased daughter. The daughter is aged 10. What rights do the deceased family have over the wife and the daughter. Your help will be greatly appreciated and may you be rewarded by Almighty for the super service you provide.

Answer

The estate will be divided into 24 equal shares and distributed as follows: Daughter receives 12 shares, Each brother receives 3 shares and daughter receives 12 shares. Sisters do not inherit.

The heirs have full right over the estate and the deceased family has no right over the heirs of the estate. The daughter’s share will be handed over to her Wali (guardian). The wife and daughters being in another country does not decrease their right in any way.

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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