Fatwa #1426926 May 2006Cameroon
would like to know how can we divide our mothers property ( her estate ) somebody told me that it is divided equally between all children
Question
i would like to know how can we divide our mothers property ( her estate ) somebody told me that it is divided equally between all children ( sons and daughters) after meeting all the expenses ie;funeral debt etc.we are 4 brothers and 7 sisters all are married except one son
Answer
If your mother was survived by only 4 sons and 7 daughters and your mother was not survived by her husband, and both or one of her parents, then her estate will be divided into 15 equal shares. Each son will receive two shares and each daughter will receive one share. The sons and daughters will not inherit in equal shares. Yes, if the mother wished to give her children gifts in her lifetime, then she should maintain equality. After death, the laws of inheritance and succession will govern her estate.
If your mother was survived by her husband or parent/s, then the shares will be different.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai