Distribution Of Estate

Question

Please clarify the distribution of a Marhoom’s estate. He is survived by his wife, one son, and four daughters. Can the mother be instructed to pay the shares of the children while she is still alive?

Mufti Abdul Kader Fazlani · Accepted Answer

According to the Islamic law of succession, the estate will be dissolved in the following manner:

a) The burial expenses will be paid by 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 burial expenses)

d) The remainder will be distributed amongst the legal heirs according to the Quraan and Sunnah as calculated below:

WIFE: 6 shares (12.5%)

SON : 14 shares (29.17%)

DAUGHTER 1: 7 shares (14.58%)

DAUGHTER 2: 7 shares (14.58%)

DAUGHTER 3: 7 shares (14.58%)

DAUGHTER 4: 7 shares (14.58%)

TOTAL: 48 shares (99.99%)

N.B. Due to the difficulty of rounding off, there is a remainder of 0.01%. This amount may be given in charity with the consent of all the heirs, or re-distributed according to the above percentages.

2. After the demise of the father, the estate should be wound up and all the heirs must be given their rightful dues. The mother does not have the right to hold back any share as it didn’t belong to her.

Question

Answer

Related fatawa