Home » Hanafi Fiqh » Mahmoodiyah » Question: Assalamualaikum My mother is still alive. 1.  My mother has inherited a house from her mother, we are six sisters and one brother who has already passed on.  He has left behind a son and daughter. If my mother sells the house now and shares the money will my brother’s children inherit from the money? 2.  If my mother passes on and then we sell the house.  Will they then inherit from the proceeds of the sale? 3.  Can my mother use her discretion or is she obliged to give an equal share to all entitled? 4.  My brother passed on and is survived by the following people:     Wife, mother, 1 son, 1 daughter and six sisters.     My brother left assets worth R200 000,00. Please inform me of the percentage and value of the shares accordingly.   Wassalaam

Question: Assalamualaikum My mother is still alive. 1.  My mother has inherited a house from her mother, we are six sisters and one brother who has already passed on.  He has left behind a son and daughter. If my mother sells the house now and shares the money will my brother’s children inherit from the money? 2.  If my mother passes on and then we sell the house.  Will they then inherit from the proceeds of the sale? 3.  Can my mother use her discretion or is she obliged to give an equal share to all entitled? 4.  My brother passed on and is survived by the following people:     Wife, mother, 1 son, 1 daughter and six sisters.     My brother left assets worth R200 000,00. Please inform me of the percentage and value of the shares accordingly.   Wassalaam

Answered as per Hanafi Fiqh by Mahmoodiyah

Question:

Assalamualaikum

My mother is still alive.

1.  My mother has inherited a house from her mother, we are six sisters and one brother who has already passed on.  He has left behind a son and daughter.

If my mother sells the house now and shares the money will my brother’s children inherit from the money?

2.  If my mother passes on and then we sell the house.  Will they then inherit from the proceeds of the sale?

3.  Can my mother use her discretion or is she obliged to give an equal share to all entitled?

4.  My brother passed on and is survived by the following people:

    Wife, mother, 1 son, 1 daughter and six sisters.

    My brother left assets worth R200 000,00.

Please inform me of the percentage and value of the shares accordingly.

Wassalaam


Answer:

                  

1,3.  Since the house is now the mother’s possession after inheriting it from her mother, she has the full right to do as she withes with the house or the money acquired through selling it.  However if she wishes to distribute the money between her children then she should distribute it equally.  One will be sinful for giving preference to some children over others in order to harm the others.  (Raddul Muhtaar, Vol. 4, Page 573)

In the case of distributing the money, because the son’s children will inherit from their grandmother after her death, it will be preferable for her to give them a share of the house also with the daughters before her death.  (Aapke Masaail aur Unkaa Hal, Vol. 6, Page 341)

2.            If the mother passes away, then in this case her deceased son’s children will inherit and her total assets will be divided into 18 shares and distributed as follows:

6 daughters: 12 shares (2 shares each), 66, 66% (11, 11% each).

1 son’s son:  4 shares, (22, 22%).

1 son’s daughter:  2 shares, (11, 11%).

(The above ruling will differ if the deceased’s husband is alive)

4.      The brother’s assets should be divided into 72 shares and distributed as follows:

Wife:  9 shares, 12, 5% (R25, 000, 00).

Mother: 12 shares 16.67% (R33, 333, 33).

Son:  34 shares, 47.22% (R94, 444, 44).

Daughter:  17 shares, 23.61% (R47, 222, 22).

The sisters will not inherit in this case.

(The above ruling will differ if the deceased’s father is alive).

And Allah Ta’ala knows best

Qasim bin Hashim Limbada

Attested to as correct by:

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

05 August 2004

18 Jumaadul Ukhraa 1425

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