how do you split the inheritance which your father leaves behind

· 19 Muharram 1425 AH1 min readFatwa 11076English
Wills and Inheritance

Question

My dad passed off peacefully from this world on feb 14th 1995 (15th Ramadan) leaving behind his wife ,2 sons 7 daughters and 3 sisters of whom one has now passed off just last year.my question is that my dad had 35 acres of land in India and also the house we stay in now.how do I split all this amongst the family.please advise me as I think I have left it too late.salams again.

Answer

Alhamdulillah (All praises for Allah), in that you have this concern that the estate should be distributed Islamically. It is very harmful to delay the distribution of the estate.

Your fathers estate should be distributed in the following manner:

There will be a total of 88 shares. Of these:
Wife- 8 shares (12,5%)
Son 1- 14 Shares (15,91%)
Son 2- 14 Shares (15,91%)
Daughter 1- 7 shares (7,95%)
Daughter 2- 7 shares (7,95%)
Daughter 3- 7 shares (7,95%)
Daughter 4- 7 shares (7,95%)
Daughter 5- 7 shares (7,95%)
Daughter 6- 7 shares (7,95%)
Daughter 7- 7 shares (7,95%)

The sisters do not inherit.

The land in India as well as the house could be divided amongst all the heirs according to this proportion or it could be sold and the returns therefrom be divided in this proportion. The heirs should get together and decide which option you are going to adopt.

Note: This answer is given in the light of the information provided. If there are any other heirs, then the entire estate will have to be redistributed.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

Answered by
Mufti Ebrahim Desai
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