In 1982, my father passed away. Members of family that were still alive at the time were (1) Wife (2) Mother (3) 1 son (4) 3 daughters (5) 1 brother (6) 2 sisters. The main asset he owned at the time in his name was a house. He was the sole owner, its market value at the time was £9,000 and he had paid off £4,500 and there was a loan of £4,500 left on the property. His wife then took responsibility of the property and it was transferred into her name and she paid off the remainder £4,500. The property is still owned by the wife.
Two years later in 1984, the deceased person’s mother (my grandmother) passed away. Her family members that were alive at the time of her death were (1) 1 son and (2) 2 daughters. (The same as numbers 5 and 6 in the first scenario)
The family now realise they need to ensure that the rightful heirs should get their due inheritance. Please can you explain the share for the rightful heirs and whether the calculation will be based on the current market value of the house or the value of the property at the time of the deceased’s demise.
بسم الله الرحمن الرحیم
Half the house belongs to the wife of deceased 1 (your father). The remaining half is subject to distribution as follows:
Wife – 1/8th (12.5%)
Son – 17/60th (28.33%)
Each daughter – 17/120th (14.17%)
Mother – 1/6th (16.67%)
Siblings – no share.
The current market value of the house should be determined and each person must be allocated 50% of the shares stated above. As the wife already owned 50%, she now owns 56.25% of the house.
As the mother of the deceased passed away in 1984, her 1/6th share from the 50% current market value of the house will be distributed as follows:
Son – ½ (50%)
Each daughter – ¼ (25%)
Allah knows best
18 Ramaḍān 1438 / 13 June 2017
Approved by: Mufti Shabbir Ahmad Sahib
This answer was collected from IslamicPortal.co.uk, which is a repository of Islamic Q&A, articles, books, and resources. Various schools write and oversee the answers, including Maulana Yusuf Shabbir, Mufti Shabbir Ahmed, and Mufti Muhammad Tahir.