Assalaamualaikum,
My grandfather (my father’s father) died in 1995. My father passed away in 1998. On May 10, 2018, I went to Pakistan to sell a plot my father had bought in 1995. After all of the expenses were paid, the total amount for distribution is $57,000.00
The remaining family is as follows:
His Widow (my mother)
His Mother (my grandmother)
Including me 3 SONS
No Daughters
Please guide me as to how I am to distribute my father’s funds as well as how much each individual receives
Inshaa Allaah I will be waiting for your reply anxiously.
الجواب وباللہ التوفیق
On the condition that the details provided in your question are true, as per the situation described in your question, after حقوق متقدمہ علی الارث (if the deceased had left the will to use the money for the grave, shroud, burial, and paying off the debt then fulfilling it from one third of the wealth) the total property of the deceased will be divided into 72 portions, from which his wife will get 9 portions, mother 12, and each of the three sons 17, 17 portions. As far as the grandfather is concerned, if his inheritance is to be distributed then please ask the issue by providing the details of the heirs present at the time of his demise.
کما قال اللہ تعالیٰ فی القرآن المجید: يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ الی قولہ فَإِنْ كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُمْ مِنْ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ(النساء:۱۱و۱۲)
وکما فی السراجی اما لزوجات فحالتان… والثمن مع الولد او ولد الابن وان سفل۔(السراجی فی المیراث:۱۸ و۱۹)
واللہ اعلم بالصواب