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If person has no sons and daughters and has property in his and his wife’s name. 1.After … has mother, three brothers and no sisters.

Answered according to Hanafi Fiqh by Darulifta Deoband Waqf
If person has no sons and daughters and has property in his and his wife’s name.
 1.After the death of that person how the property is to be divided.
2.  After the death of the person’s wife how her property will be divided.
    The person has mother, three brothers and no sisters.
Sheikh ahmad

Answer:

Ref. No. 979/4-130

In the name of Allah the most Gracious the most merciful

The answer to your question is as follows:

If the dead person is not indebted and he has left behind a wife, the whole asset of him will be divided into 36 shares. 9 shares would be given to his wife and 6 shares to his mother, and each brother will get 7 shares. But if his wife passed away in his lifetime and he left only his mother and 3 brothers after him, the whole asset will be divided into 18 shares: 3 shares for mother and 5 shares to each brother.

If you are asking about giving from wife’s asset, then we cannot reply unless you mention all her heirs who remain alive after her death.

And Allah knows best

Darul Ifta

Darul Uloom Waqf Deoband

This answer was collected from the official website of Darul Uloom Deoband Waqf. The institution is based in India and the answers are provided in accordance to the Hanafi Fiqh.

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