Distribution Of Property

Question

A property is bought on 3 equal shares:

1. Father

2. Mother

3. Son

(First shares) – Son passed away first, leaving behind a wife, 1 son and 1daughter, his father, mother and 6 sisters.

(Second shares) – Then the father passed away, leaving behind a wife, 6 daughters, 1grandson and 1 granddaughter.

(Third shares) – And lastly, the mother passed away, leaving behind 6 daughters, 1 grandson and 1 granddaughter.

Please provide shares for the respective heirs.

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 in the table below:

ESTATE OF THE SON

WIFE: 9 shares (12.5%)

FATHER:3 shares (16.67%)

MOTHER: 3 shares (16.67%)

SON: 38 shares (36.11%)

DAUGHTER: 19 shares (18.06%)

TOTAL: 72 shares (100%)

ESTATE OF THE FATHER

WIFE: 9 shares (12.5%)

DAUGHTER 1: 8 shares (11.11%)

DAUGHTER 2: 8 shares (11.11%)

DAUGHTER 3: 8 shares (11.11%)

DAUGHTER 4: 8 shares (11.11%)

DAUGHTER 5: 8 shares (11.11%)

DAUGHTER 6: 8 shares (11.11%)

GRANDSON: 10 shares (13.59%)

GRANDDAUGHTER: 5 shares (6.94%)

TOTAL: 72 shares (100%)

ESTATE OF THE MOTHER

DAUGHTER 1: 1 share (11.11%)

DAUGHTER 2: 1 share (11.11%)

DAUGHTER 3: 1 share (11.11%)

DAUGHTER 4: 1 share (11.11%)

DAUGHTER 5 : 1 share (11.11%) DAUGHTER 6: 1 share (11.11%)

GRANDSON: 2 shares (22.22%)

GRANDDAUGHTER: 1 share (11.11%)

TOTAL: 9 shares (100%)

Question