Inheritance

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: A sister is the only sibling left as her mother and father had passed away. All her 3 brothers and 4 sisters have passed on also. All her 7 siblings (brother and sisters) have children consisting of boys and girls . They are 10 ” cousins”. Her father married a second wife who also has 2 boys and 3 girls. The sister is 70 years old and wants to know who will inherit from her? She has no husband and no children. As she has only left the children of her brothers and sisters born of her mother’s womb – first wife children’s children. Are they the ones that will inherit? Will the 2 boys and 3 girls of the second wife inherit as they are also deemed her siblings (her brothers and her sisters) as they have the same father. They are all alive – all 5. Will they inherit? Please advise.

In short:

Wife 1  and all other children deceased- only this sister alive.

AND her siblings children is left and alive.

Wife 2 – 2 boys and 3 girls alive.

Bismillaah

A: Her two brothers and three sisters from her father’s second wife will inherit from her. If they are the only surviving heirs at the time of her death, her estate will be divided into 7 equal shares and distributed as follows:

Each brother will receive 2 shares

Each sister will receive 1 share

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

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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