Distributing inheritance

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Kindly advise on below inheritance issue:

Marhoom left behind wife, 3 sons and 4 daughters. No will, nor any wasiyyat made (written). Marhoom left cash , car and clothes, and house behind.

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1. How will estate be distributed?

2. As far as qadha rozas and salaahs are concerned, how should the estate sort this out?

3. As far as any burial expenses are concerned, how should this be taken from estate?

4. If any wasiyyat was made orally, will it have any effect? E.g. this car will go to my one son. Or this house will go to my wife. (But ownership was not handed over).

Bismillaah

A:

1. If these were the only surviving heirs of the deceased at the time of his death then the estate will be divided into 80 equal shares and distributed as follows:

Wife will receive 10 shares

Each son will receive 14 shares

Each daughter will receive 7 shares

2. It is not the duty of the estate to sort out the qadhas. If one of his heirs wishes to do it by himself he may do it without the slightest coercion or force.

3. After a person dies, the burial expenses will be paid from his own wealth.

4. A bequest in favour of an heir is invalid. The wife and son are heirs. Hence a bequest in their favour is not valid.

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

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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