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My deceased uncle had one daughter and one son from the first wife. After the death of his first wife, he married again. He had four daughters and one son from the second wife. The second wife also passed away before the death of my uncle. Both wives had passed during the life time of my uncle. All my uncle’s children except one son and one daughter are married. My uncle left a home as the only asset. Two sons (one married and one unmarried) and an unmarried daughter live in this home. Should this home be sold to distribute share of inheritance to all children? If yes, should the expenses for the marriage of unmarried son and daughter set aside before the distribution of wealth from the sale of the home? How should the proceeds from the sale of this home be distributed among children?

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
My deceased uncle had one daughter and one son from the first wife. After the death of his first wife, he married again. He had four daughters and one son from the second wife. The second wife also passed away before the death of my uncle. Both wives had passed during the life time of my uncle. All my uncle’s children except one son and one daughter are married. My uncle left a home as the only asset. Two sons (one married and one unmarried) and an unmarried daughter live in this home. Should this home be sold to distribute share of inheritance to all children? If yes, should the expenses for the marriage of unmarried son and daughter set aside before the distribution of wealth from the sale of the home? How should the proceeds from the sale of this home be distributed among children?

Answer

(Fatwa: 230/176/B=1433)

The house of the deceased uncle, his cash, his other belongings and possessions shall be evaluated and divided into 9 shares as per the Shariah. Out of which 2-2 shares shall go to each son and 1-1 share to each daughter. It is the duty of elder brother that he takes the poison of father i.e. he should arrange for the marriage of one brother and one sister. And he can take help from his brothers in this matter.

Division Detail
2 Sons 2×2= 4 shares
5 daughters 5×1= 5 shares
Total 9 shares

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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