My maternal grandfather owned a house. After his death, he had four heirs; wife, 2 daughters and 1 son. Property was not distributed among them due to the stubbornness of elder daughter (as she doesn’t want to sell house due to personal matters). Lately, his wife (grandmother), son and younger daughter also died. How this property will be distributed among the following heirs? Elder daughter : Has no children. Deceased Son : Left 3 sons and 3 daughters Deceased Younger daughter: Left 3 daughters, 1 son and husband

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: My maternal grandfather owned a house. After his death, he had four heirs; wife, 2 daughters and 1 son. Property was not distributed among them due to the stubbornness of elder daughter (as she doesn’t want to sell house due to personal matters). Lately, his wife (grandmother), son and younger daughter also died.

  1. How this property will be distributed among the following heirs?
  2. Elder daughter : Has no children.
  3. Deceased Son : Left 3 sons and 3 daughters
  4. Deceased Younger daughter: Left 3 daughters, 1 son and husband

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A: Before answering we would require the sequence of the deaths of the heirs, as to who died first and so forth.


Q: The people passed away in this order:

First, grandmother (wife) passed away. Secondly, the son. Third, the younger daughter.

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A: After deducting the burial expenses, debts and one third of the estate for bequests, the estate will be divided into 1440 (one thousand four hundred and forty) equal shares. It will be distributed as follows:

Surviving daughter of deceased grandfather: 360 (three hundred and sixty) shares

Each son of deceased son (3): 160 (one hundred and sixty) shares.

Each daughter of deceased son (3): 80 (eighty) shares.

Son of deceased daughter: 108 (one hundred and eight) shares.

Each daughter of deceased daughter (3): 54 (fifty four) shares.

Husband of deceased daughter: 90 (ninety) shares.

NB: The above Shar’ee distribution of inheritance is based on the information provided regarding the total number of heirs of the deceased present.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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