Distribution Of Estate
Question
The deceased is survived by the following heirs, viz. 2 sisters, 7 nephews (brother’s children), no parents, no wife, no brothers, no children. How should the estate be distributed?
Answer
According to the Islamic law of succession, the estate will be dissolved in the following manner:
a) The burial expenses will be paid from the estate.
b) Any debts incurred by the deceased which still remain outstanding, will be settled.
c) Any bequests made by the deceased will be settled from 1/3 of the remainder i.e. the remainder after off–setting the debts and paying the burial expenses.
d) The remainder will be distributed amongst the legal heirs according to the Quraan and Sunnah as calculated below:
SISTER 1: 7 (33.33%)
SISTER 2: 7 (33.33%)
NEPHEW 1: 1 (4.76%)
NEPHEW 2: 1 (4.76%)
NEPHEW 3: 1 (4.76%)
NEPHEW 4: 1 (4.76%)
NEPHEW 5: 1 (4.76%)
NEPHEW 6: 1 (4.76%)
NEPHEW 7: 1 (4.76%)
TOTAL: 21 (99.98%)
N.B. Due to the difficulty of rounding off, there is a remainder of 0.02%. This amount may be given in charity with the consent of all the heirs, or re-distributed according to the above percentages.
- Answered by
- Mufti Abdul Kader Fazlani
- Checked & approved by
- Mufti Yacoob Vally Saheb
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