Q: My father past away in 2008. I have four sisters and I am the only son. My mother is still alive. I need to no how do we share inheritance of my father? He left one car and a house. The house they say it’s half owned by my mother as my father bought the house and was bonded but now its freed. My mother was married in community of property. I have the car with me. Please advise what do I do and how do I pay my sisters out according to Sharia as my father did not have a will and my mother says she owns half the house.
A: Being married in community of property is not recognised by shari`ah. This is not a basis for the distribution of the estate of the deceased. Hence, all his wealth will be distributed to all his heirs according to their stipulated shares. Therefore, the mayyit’s estate will be divided into 48 equal shares and distributed as follows:
Wife will receive 6 shares
Son will receive 14 shares
Each daughter will receive 7 shares
And Allah Ta’ala (الله تعالى) knows best.
Mufti Ebrahim Salejee (Isipingo Beach)