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Division of Property

Answered as per Hanafi Fiqh by ShariahBoard.org

Assalamualaikum,

 I have a question of divide the Property, Cash and My elder brother belongings.

My Elder brother died on duty in the last month. He was employed of Central Govt and there is no Pention or any amount to recieve  on monthly basis from Government, for his wife.

He don’t have childrens, and his nearest family members are Mother & Father (Father retired Govt employee getting monthly incme of Pention), 2 Brothers married and one Sister married all are settled.

Propety Holding are

(1) House ground floor + 1 (G+1).

In Ground floor My elder brother Widow and our or  Elder brother Mother and Father are staying in Ground Floor.  They are getting Rent monthly basis for First floor.

(2) Open plot or land without construction, no income.

(3) Since my Elder brother was employeed. We will get Benefit on shape of Cash, but how much so for not confirmed.

There is some credit to pay also.

Please send answer the above question (Urdu and English Language) with the reference of Islamic Shariah. 

الجواب وباللہ التوفیق

In the situation inquired about, after taking care of حقوق متقدمہ علی الارث (the payment of the expenses of the shroud and the burial, payment of any debt, and enforcement of the will for any permissible work from one third of the inheritance), the remaining wealth will be divided into twelve portions, of which the wife would get three portions, the mother sixth portion, the remaining seven portions should be given to the father. The brothers and sisters will not be eligible of receiving share in the inheritance in the presence of the closest relatives (i.e., in the presence of the mother and father). The amount to be received afterwards due to the deceased being the government employee is to be distributed according to the same way.

وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِنْ كَانَ لَهُ وَلَدٌ فَإِنْ لَمْ يَكُنْ لَهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ فَإِنْ كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ مِنْ بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ  ۔  وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِنْ لَمْ يَكُنْ لَكُمْ وَلَدٌ ۔ (سورہ نساء :۱۱ -۱۲ )۔

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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