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Inheritance Distribution After Sister’s Death

Answered as per Hanafi Fiqh by ShariahBoard.org

I need a fatwa. Two of my sisters lived together in a same house. Both of them are widow. My elder sister has passed away. Elder sister does not have any children. The house was under her name. Now what will happen to the house she lived in. And younger sister is still living in the same house. 

In total she had 4 brothers and 4 sisters including herself. At the time of her death she had only 1 sister and 3 brothers that were/are alive. 

الجواب وبالله التوفيق

As per the situation described in your question, if the house in which the two sisters were living was bought by them by contributing money, then its division between the two sisters will also be done in proportion to the amounts (percentages) they had contributed. The sister who is still alive will receive her share of money according to the percentage of her contribution, whereas the share for the sister who passed away will first of all be utilized for paying off her funeral expenses and any debts that she had. After that, any will she had for a permissible action will be fulfilled from the one third of her remaining share. The remaining amount will then be divided into 7 equal shares. The 3 brothers will get 2 shares each whereas the remaining 1 share will be given to the sister. 

کذا فی کتب الفتاویٰ

واللہ اعلم  بالصواب

This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

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