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Inheriting from my Father: Understanding the Division of Assets

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My father passed away and left two flats, a car and a large sum of money in a savings account through which my mother and sister (separated from her husband) finance their needs. My father left one flat in my mothers name and other in my sisters name. I have no other sibling. We are the only two daughters of my parents. The car is in my fathers name. The large sum is in the savings accounts that is on my sisters name. There is nothing left in my name. What do I inheret and how much among all this?

Bismillaah

A: If all these assets belonged to your father then you should be inheriting from all of these assets according to your share.

Inform us if there are any other heirs besides your mother and two daughters.

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

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)


Q: Do I also have  shares in assets that are marked on my sister’s and mother’s name? My father has a wife, two daughters, 7 sisters and 4 brothers. His parents are dead. Please calculate my respective share. I am one of the daughter of my parents.

Bismillaah

A: If the flats and car etc. belonged to your father then you will have a share in the estate. If his surviving heirs were his wife, 2 daughters, 4 brothers and 7 sisters then the estate will be divided into 72 equal shares and distributed as follows:

Wife will receive 9 shares

Each daughter will receive 24 shares

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)

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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