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Inheriting a House with No Will: How to Divide the Proceeds Among Surviving Family Members

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: A deceased leaves behind: * wife (1) * daughter (1) * son (1)

No will has been made by deceased. Only a house is left which the inheritors have agreed on selling. After the house is sold how will the amount be distributed accordingly?

Bismillaah

A:

After paying burial expenses, fulfilling of any debts and discharging bequests made up to one-third of the estate, the estate of the deceased will be divided into 24 equal shares and distributed as follows:

Wife will receive 3 shares

Son will receive 14 shares

Daughter will receive 7 shares

NB: The above Shar’ee distribution of inheritance is based on the information provided regarding the total number of heirs of the deceased present.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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