Fatwa #145266 September 2006South Africa
my widowed aunt has no parents or children. she has 1 brother and 5 sisters. her brother has 3 sons and 1 daughter.
Question
my widowed aunt has no parents or children. she has 1 brother and 5 sisters. her brother has 3 sons and 1 daughter.
who will inherit and what share if:
1) she dies today
2) only her brother pre-deceases her
salaams, ebrahim
Answer
If your aunt is survived by her one brother and five sisters, her estate will be divided into 7 equal shares. The brother will inherit two shares and each sister will inherit one share.
If your aunt is survived by her five sisters, her (late) brothers, three sons and one daughter, then the sister will inherit two thirds of the estate and the brother’s 3 sons will inherit the remaining one third in equal shares. The niece (late brother’s son) will not inherit.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai