Friday | 21 February 2020 | 27 Jamadiul-Thani 1441
Gold NisabSilver NisabMahr Fatimi
$4623.47$364.42$911.04

Fatwa Answer

Question ID: 879 Category: Business Dealings
Inheritance

Assalamualaikum,
My father died many years ago leaving behind his home (property).
We have just recently sold that property and are in need of guidance as to how to divide the money.  Family is listed below.

My Mother is alive
I have two sisters
And  including me a total of three brothers.

Of us three brothers one has also died. He died a few years AFTER my fathers death. Leaving behind his wife and three sons(my nephews).

I know my mother, my two sisters, and the remaining total two brothers receive a prescribed share.

I also understand my 3 nephews from my deceased brother recieve a share.

Does my mother along with her own inheritance receive additional inheritance from her deceased son ( my brother)? If so, how much with respect to share, fraction, or percentage.

The property sold $85,875.41

Please let me know as soon as you can I would be very greatfull.
Jazakallah khair
Assalamualaikum

الجواب وبالله التوفيق

As per the situation described in your question, all of the warisīn(heirs or inheritors) who were alive at the time of your father’s death will receive a share in his Estate. The method for this division will be as follows:

After paying for the funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs (which will not exceed one-third (1/3) of the Estate), the remaining amount will be divided into a total of 64 equal shares. 8 shares will be given to your mother, 14 shares each will be given to the 3 brothers and 7 shares each will be given to the two sisters. According to the amount you have mentioned, the monetary division would be as follows:

  • $10,734.37 will be given to the mother
  • $18.785.15 will be given to each of the three brothers
  • $9,392.57 will be given to both the sisters

Therefore, the three brothers will receive a total of $56,355.46, both sisters will get a total of $18,785.15 and mother will receive $10,734.37. The remaining change should be given as Sadaqah.

The deceased brother who received $18,785.15 from your father’s Estate, one sixth of this amount will also be given to your mother.

For the deceased brother, after paying for his funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs (which will not exceed one-third (1/3) of the Estate), the remaining amount will be divided into a total of 72 equal shares. 9 shares will be given to the deceased brother’s wife, 17 shares to each of the three sons and 12 shares will be given to your mother.

واللہ اعلم  بالصواب