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We are two brothers and one sister, mother deceased. My late father fixed Rs.300,000- in a bank and was taking interest on it, during his life. In the bank records he nominated my name and my sister’s name as his successors. Now after his death bank has remitted Rs.300,000- (as we refused to take interest) by a cheque in my and sister’s name. Will this amount be distributed among 3 of us or only 2 successors nominated by my father? How this amount will be distributed?

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
We are two brothers and one sister, mother deceased. My late father fixed Rs.300,000- in a bank and was taking interest on it, during his life. In the bank records he nominated my name and my sister’s name as his successors. Now after his death bank has remitted Rs.300,000- (as we refused to take interest) by a cheque in my and sister’s name. Will this amount be distributed among 3 of us or only 2 successors nominated by my father? How this amount will be distributed?

Answer

(Fatwa: 1328/1044/D=1431)

You and your sister did not become the owner of the amount only by nomination but it shall be counted your father’s property, which after his death became inheritance that shall be divided among his legal heirs according to Shariah. If your deceased father’s parents and wife have already expired and only you, your brother and sister are the legal heirs, then after due rights preceding inheritance, i.e. the expenses of obsequies, paying off debt etc, whatever remains shall be divided into five shares from which 2-2 shares shall go to both the brothers and 1 share to your sister.

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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