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 I have a question that a brother and sister both have passed away. Their parents have left behind two properties in India. One full property and other has only ground floor given to them as a part from their share as waqaf-ul-aulad. (Other first floor and second floor went to other cousins from their mother side.) Brother has a son and four daughters. And sister has two sons. What shares exactly be given to all children of both brother and sister when that will be sold, as both have passed away. Brother has helped a lot in raising his sister’s sons after his sister passed away years ago. Also what share for the wife of the brother who is still alive?

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I have a question that a brother and sister both have passed away. Their parents have left behind two properties in India. One full property and other has only ground floor given to them as a part from their share as waqaf-ul-aulad. (Other first floor and second floor went to other cousins from their mother side.) Brother has a son and four daughters. And sister has two sons. What shares exactly be given to all children of both brother and sister when that will be sold, as both have passed away. Brother has helped a lot in raising his sister’s sons after his sister passed away years ago. Also what share for the wife of the brother who is still alive?

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A: Based on the above mentioned information provided by yourself, the parents were survived by one son and one daughter. Thereafter, the daughter passed on and was survived by two sons. Subsequently, the son passed away and was survived by one wife, one son and four daughters. 

Based on the above, the estate will be divided into 72 equal shares and will be distributed as follows:

Each son of the daughter will receive 12 shares.

The wife of the son will receive 6 shares.

The son of the “deceased son” will receive 14 shares.

Each daughter of the deceased son will receive 7 shares.  

NB: 

1. The above distribution of the estate will take place after deducting the burial expenses, debts and one third of the estate if any valid bequests were made by the mayyit.

2. 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 Zakaria Makada

Checked & Approved:

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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