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My unmarried sister expired 8 years ago leaving behind me (only brother) and three sisters. She had left a bank locker and other cash certificates. The matter is presently subjudice for legal order towards distribution amongst the legal heirs; while in the meantime, one of my sisters expired recently, during the pendency of the case. My question is that whether the recently expired sister’s heirs (daughter) would also now be eligible for the property or the property shall be distributed amongst the living heirs (one brother and two sisters).

Answered according to Hanafi Fiqh by Darulifta-Deoband.com

My unmarried sister expired 8 years ago leaving behind me (only brother) and three sisters. She had left a bank locker and other cash certificates. The matter is presently subjudice for legal order towards distribution amongst the legal heirs; while in the meantime, one of my sisters expired recently, during the pendency of the case. My question is that whether the recently expired sister’s heirs (daughter) would also now be eligible for the property or the property shall be distributed amongst the living heirs (one brother and two sisters).

Answer

(Fatwa: 147/110/H=1434)

After paying due rights preceding inheritance and provided the details of the heirs are true, all the property of non-married deceased sister shall be divided into 40 shares out of which 18 shares shall go to the brother, and 9-9 shares to each sister and 4 shares to the daughter of deceased sister. And if the husband of the deceased sister is alive then the ruling shall be different in this case. If it is so then submit the question again. The detail of division is as follows:

Details:
Brother: 1×18 = 18
Sisters: 2×09 = 18
Niece: 1×04 = 04
Total: 40

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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